FAA makes clear statement on non-compliant aircraft

On April 1, 2019, the Federal Aviation Administration published its policy for authorizations to operators of aircraft that are not equipped with Automatic Dependent Surveillance-Broadcast (ADS-B) Out equipment. Click here for a copy of the policy statement.

In the FAA's statement, the agency makes it clear that any operator who operates a non-equipped aircraft in ADS-B Out airspace without obtaining a preflight authorization in accordance with § 91.225(g)(2) will be presumed to have violated the regulations.

Once again, the FAA makes it clear that after Jan. 1, 2020, unless otherwise authorized by ATC, all aircraft operating in the airspace identified in § 91.225 must comply with the ADS-B Out equipage and performance requirements. As stated by the FAA, "Nothing in this notice shall be deemed to modify or alter those requirements established in the 2010 final rule."

The purpose of this notice is only to announce publicly how ATC will manage § 91.225(g) and issue authorizations to operators of aircraft that have not equipped with ADS-B Out equipment.

In this notice, the FAA establishes:

A general policy that would apply to all operators of non-equipped aircraft seeking authorization to operate in ADS-B Out airspace.

  1. Specific policies for handling authorization requests from scheduled operators. 
  2. Policies for other than scheduled operations at capacity constrained airports.
  3. Guidance on the provision of air traffic services to non-equipped aircraft that have failed to obtain an authorization to operate in ADS-B Out airspace.
  4. Plans for implementation of the authorization policy.

The FAA further states that "consistent with the rule's requirement that an operator request an authorization at least one hour prior to the operation, the policy will preclude an operator from requesting and the FAA from issuing in-flight authorizations to operators of non-equipped aircraft."

The Aircraft Electronics Association is encouraged with the FAA's transparency and publication of this notice. AEA members are encouraged to read this notice and share it with customers who may still be gambling on not updating their aircraft prior to Jan. 1, 2020.

Contact Ric Peri, AEA vice president of government and industry affairs, by email at ricp@aea.net or by phone at 202-589-1144.