Will ATC provide waivers?

Doubtful. However, FAR 91.225, Automatic Dependent Surveillance-Broadcast (ADS-B) Out equipment and use, says:

Gemini Sparkle

Key Takeaways:

  • Aircraft not originally or subsequently certified with an electrical system (e.g., balloons, gliders) are exempt from ADS-B Out requirements under specific airspace and altitude conditions.
  • Requests for ATC authorization to operate an aircraft with inoperative ADS-B Out equipment can be made at any time to reach a destination or repair facility.
  • Requests for ATC authorization to operate an aircraft that is not equipped with ADS-B Out must be made at least one hour prior to the proposed operation.
See a mistake? Contact us.

Doubtful. However, FAR 91.225, Automatic Dependent Surveillance-Broadcast (ADS-B) Out equipment and use, says:

“(e) The requirements of…this section do not apply to any aircraft that was not originally certificated with an electrical system, or that has not subsequently been certified with such a system installed, including balloons and gliders. These aircraft may conduct operations without ADS-B Out
(1) Outside any Class B or Class C airspace area; and
(2) Below the altitude of the ceiling of a Class B or Class C airspace area designated for an airport, or 10,000 feet MSL, whichever is lower.

“(g) Requests for ATC authorized deviations from [ADS-B] must be made to [ATC] as follows:
(1) For operation of an aircraft with an inoperative ADS-B Out, to the airport of ultimate destination, including any intermediate stops, or to proceed to a place where suitable repairs can be made or both, the request may be made at any time.
(2) For operation of an aircraft that is not equipped with ADS-B Out, the request must be made at least 1 hour before the proposed operation.”

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