Living with
Your questions about the new FAA regulation answered.
ADS-B By Chris Martino I
T’S 2020, AND THE JAN. 1 ADS-B IMPLEMENTATION date we’ve been talking about since 2010 has finally come and gone. I know what you may be thinking: “not another ADS-B article.” Well, it’s not my intention to lay out another
history of ADS-B or describe what you need to equip. Tere are countless articles and website resources about those topics (see, for example, from Fall 2018 ROTOR, “ADS-B: It’s Crunch Time,”
bit.ly/2Qa6a1U). But if you’re like many members who’ve contacted HAI,
you may still have questions about the new rule. Let’s try to address the most common ones here.
What if I fly through ADS-B Out rule airspace without the proper equipment?
I can’t speak for the FAA, but I suspect that if you fly without the proper equipment, you’ll have to answer to someone at the agency and that some type of enforcement action will certainly be a potential outcome. However, if you didn’t willfully violate the new regulation, the FAA might choose to issue you a compliance action instead. Under the FAA’s Compliance Program and the just culture that underlies it, you may be able to avoid being assessed a violation by agreeing
58 ROTOR WINTER 2020
to the terms of the compliance action, such as completing retraining or counseling, perhaps at some cost to you. (See a related story from Fall 2018 ROTOR, “After the Violation of an FAR,”
bit.ly/FARViolation.)
What if I need to operate in an area covered by ADS-B Out but I don’t have the equipment installed or it’s inoperative?
You may be able to get an exception from the FAA, called a deviation, to operate without ADS-B equipment under certain conditions and at certain times of day. To learn more about deviations and how to request one, check out the FAA’s Statement of Policy for Authorizations to Operators of Aircraft that are Not Equipped with Automatic Dependent Surveillance-Broadcast Out Equipment (
bit.ly/FAA_Policy). Tis document, published in April 2019, does a very good job of clearly explaining the policy and laying out much of its background. Te FAA’s authority to grant ADS-B Out deviations is
described under Title 14 CFR 91.225(g), which states that deviation requests must be made to the “ATC [air traffic control] facility having jurisdiction over the concerned air- space.” Section 91.255(g) also specifies a couple of submission
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