On Friday, April 21, 2017 at 9:33:29 AM UTC-4, wrote:
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.