Wed Sep 16, 2009 11:38 pm
Clearly I don't have the law degree as I misread the regs. Previous post deleted to avoid confusion. Go ahead and fly below the shelf without a transponder, without worries - although from the job of the ATC in providing traffic separation it still makes no sense to me, go figure.
Will try to highlight the appropriate areas. Thanks to Flynengr for pointing me back to the books to look a bit more!
From the AIM:
f. Mode C Transponder Requirements
1. Specific details concerning requirements to carry and operate Mode C transponders, as well as exceptions and ATC authorized deviations from the requirements are found in 14 CFR Section 91.215 and 14 CFR Section 99.12.
2. In general, the CFRs require aircraft to be equipped with Mode C transponders when operating:
(a) At or above 10,000 feet MSL over the 48 contiguous states or the District of Columbia, excluding that airspace below 2,500 feet AGL;
(b) Within 30 miles of a Class B airspace primary airport, below 10,000 feet MSL. Balloons, gliders, and aircraft not equipped with an engine driven electrical system are excepted from the above requirements when operating below the floor of Class A airspace and/or; outside of a Class B airspace and below the ceiling of the Class B airspace (or 10,000 feet MSL, whichever is lower);
(c) Within and above all Class C airspace, up to 10,000 feet MSL;
(d) Within 10 miles of certain designated airports, excluding that airspace which is both outside the Class D surface area and below 1,200 feet AGL. Balloons, gliders and aircraft not equipped with an engine driven electrical system are excepted from this requirement.
3. 14 CFR Section 99.12 requires all aircraft flying into, within, or across the contiguous U.S. ADIZ be equipped with a Mode C or Mode S transponder. Balloons, gliders and aircraft not equipped with an engine driven electrical system are excepted from this requirement.
From the FARs
91.215 ATC transponder and altitude reporting equipment and use.
(1) All aircraft. In Class A, Class B, and Class C airspace areas;
(2) All aircraft. In all airspace within 30 nautical miles of an airport listed in appendix D, section 1 of this part from the surface upward to 10,000 feet MSL;
(3) Notwithstanding paragraph (b)(2) of this section, 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 may conduct operations in the airspace within 30 nautical miles of an airport listed in appendix D, section 1 of this part provided such operations are conducted—
(i) Outside any Class A, Class B, or Class C airspace area; and
(ii) 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; and
(4) All aircraft in all airspace above the ceiling and within the lateral boundaries of a Class B or Class C airspace area designated for an airport upward to 10,000 feet MSL; and
(5) All aircraft except 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—
(i) In all airspace of the 48 contiguous states and the District of Columbia at and above 10,000 feet MSL, excluding the airspace at and below 2,500 feet above the surface; and
(ii) In the airspace from the surface to 10,000 feet MSL within a 10-nautical-mile radius of any airport listed in appendix D, section 2 of this part, excluding the airspace below 1,200 feet outside of the lateral boundaries of the surface area of the airspace designated for that airport.
Interestingly, this is all that is written in Appendix D, Section 2....
Section 2. Airports at which the requirements of §91.215(b)(5)(ii) apply. [Reserved]
Last edited by
Matt 7GCBC on Fri Sep 18, 2009 12:45 am, edited 1 time in total.