Jose wrote:



Sometimes is's safe, sometimes it's not. If the FAA lawyers were
aboard, what would they want me to do?

They would hope you have read the AIM as well as the regulation:

AIM 6-4-1. Two-way Radio Communications Failure
a. It is virtually impossible to provide regulations and procedures applicable
to all possible situations associated with two-way radio communications failure.
During two-way radio communications failure, when confronted by a situation not
covered in the regulation, pilots are expected to exercise good judgment in
whatever action they elect to take. Should the situation so dictate they should
not be reluctant to use the emergency action contained in 14 CFR Section
91.3(b).