Are you sure this is a possible reading? I would have
guessed that the aircraft could not be flown other
than with a ferrying permit to an inspection site.

At 20:48 09 September 2006, Doug Haluza wrote:

No, but the rules do require that the transponder must
have been tested
every 24 months, and cannot be operated unless it has.
So if it is
installed but not tested then it must be off.

Now, if you did not know the current status of the
test, you would be
in a tough spot. I would suggest that from a regulatory
standpoint the
most prudent thing to do would be to leave it off,
but from a safety
standpoint, it would probably be better if it was on.
A good lawyer
could probably argue either position.