April 1, 2017
By Mike Collins
The FAA’s Office of the Chief Counsel has issued a legal interpretation that clarifies automatic dependent surveillance-broadcast (ADS-B) requirements for operators of aircraft without electrical systems. The FAA has mandated ADS-B Out equipage after January 1, 2020, for flight in airspace where a transponder is required today.

In the regulations requiring the use of altitude-reporting transponders, FAR 91.215(b)(3) and 91.215(b)(5) specify exemptions for “any aircraft which was not originally certificated with an engine-driven electrical system or which has not subsequently been certified with such a system installed, balloon, or glider.” However, FAR 91.225(e)—which provides comparable exemptions to the ADS-B Out requirement—omits the phrase “engine-driven,” which has caused significant confusion among pilots and aircraft owners.

“The legal interpretation confirms that the same aircraft excluded from the transponder requirement are excluded from the ADS-B Out equipage requirement,” said Justin Barkowski, AOPA’s director of regulatory affairs. “That means aircraft subsequently equipped with batteries or an electric starter would not be required to equip for ADS-B Out.

“The concern was that the exception expanded the types of aircraft required to equip with ADS-B Out beyond those required to equip with a transponder,” Barkowski added. “AOPA has received several inquiries about what types of aircraft fall within this exception, and has been tracking this issue with the FAA for some time now. This is a favorable interpretation.”

FAR 91.225(e) allows eligible aircraft not equipped with ADS-B Out to operate within 30 nm of a Class B primary airport—basically, within its Mode C veil—while remaining outside of any Class B or Class C airspace. In addition, eligible aircraft can operate beneath Class B and Class C airspace, although they may not operate above Class B or Class C airspace. Aircraft not certificated with an electrical system, including balloons and gliders, may fly as high as 17,999 feet except above Class B or Class C airspace.