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Does the FAA ADS-B / ELT requirement apply outside the USA?

From here

The question can be changed slightly to “are Europe-based N regs affected by the FAA mandate”?

If you read this: https://www.faa.gov/nextgen/equipadsb/airspace/requirements/
which specifically talks about Europe and says “Class A” without geographical limitations, you could be forgiven for thinking that the answer is yes.

However try to get an ADS-B rebate based on a test flight in European airspace and you won’t get lucky easily (I’m still trying).

EGTF, LFTF

Interesting indeed…!!!

No territorial restriction → it does.

(I changed the thread title to include the ELT, for a good measure )

Administrator
Shoreham EGKA, United Kingdom

denopa wrote:

However try to get an ADS-B rebate based on a test flight in European airspace and you won’t get lucky easily (I’m still trying).

I suspect the problem is that the rebate is based on FAA having the data to evaluate the performance, which they will not have outside their data scope (US airspace). So if you want the rebate, you need to travel to the US to provide them with a list of data points to evaluate. ;-) Not necessarily an issue for a Gulfstream, but more so for a C172.

Last Edited by chflyer at 07 Nov 19:39
LSZK, Switzerland

And anyway more expensive than the value of the rebate :-/

Last Edited by denopa at 07 Nov 21:25
EGTF, LFTF

Denopa, unfortunately for you, their program has been very clear:

Where to Fly: To receive the rebate, eligible Aircraft must be flown in rule airspace, which is the airspace defined in 14 CFR §91.225 for at least 30 minutes, with at least 10 aggregate minutes of maneuvering flight (Part 23 flight maneuvers as described in AC 20-165B sections 4.3.2.3-4.3.2.6). Exception: In Alaska, Guam, Hawaii and Puerto Rico, flight of an Eligible Aircraft above 10,000 feet MSL and within FAA ADS-B coverage will qualify as meeting the airspace requirements for the Rebate program. Learn more about rule airspace.

A Gulfstream can get there but is not eligible.

EGTK Oxford

Would anyone know whether the upcoming FAA ADS-B requirement will apply worldwide, or US airspace only?

One interesting aspect is that it will force everyone to get a WAAS GPS – unless they go the GTX345 route.

Like I said before, if someone produced a WAAS version of the KLN94, plug compatible of course, they would sell thousands very quickly.

Administrator
Shoreham EGKA, United Kingdom

Jason: the ambiguity (which, granted, trying to get the rebate, I am biased to perceive) is that 14 CFR §91.225 mentions some airspace (class A for exemple) without geographical limitations.

Anyway since the rebate is based on the mandate, a logical conclusion is that if the mandate applies anywhere, you should be able to get the rebate anywhere; as they’re telling me the rebate applies only to “FAA airspace”, so should the mandate.

EGTF, LFTF

Peter wrote:

Would anyone know whether the upcoming FAA ADS-B requirement will apply worldwide, or US airspace only?

Not sure how this could be “enforced” if it were worldwide, given that the FAA can only measure compliance within their airspace. I have an ADS-B Out xpdr installed on N-reg per the associated STC. But as far as I can tell, that just means it was installed per spec. I’m not aware of any actual live test that was performed by the shop during the installation or what that test would be. I expect that a complete installation would need to have such a test, but I know of no in-air measurement that is done by any European agency. Perhaps someone on the forum knows more. My understanding is that an ADS-B Out installation in the USA only conforms to the mandate once the aircraft has been flown and an FAA report received confirming such conformance.

LSZK, Switzerland

The term rebate implies a refund on amounts already paid…in this case via fuel taxes….so unless you fly in the US (and pay fuel taxes), why would you expect a rebate??

YPJT, United Arab Emirates

I don’t see a fundamental difference between carriage of ADS-B and carriage of an ELT for example. Or any other “carriage” requirement the FAA has which EASA (or a national reg) doesn’t.

None of these can be enforced outside the USA (in the sense of air law i.e. prosecuting a criminal offence) unless the USA uses the ICAO provision of requesting another ICAO Contracting State to prosecute the pilot on their behalf (like e.g. the DGAC did with me in 2003 following a bust of a – uncharged and non-notamed – nuclear power station prohibited area). That sort of thing might happen if somebody did something very visible which p1ssed off the FAA. They can pull your pilot license certificate, or issue an airframe serial number specific AD grounding your plane. Never heard of it happening though, but then one wouldn’t.

The issue as usual is insurance. If you don’t comply with required carriage, you aren’t airworthy per the State of Registry.

Hence the Q of whether the ADS-B mandate applies outside US airspace.

The ELT one does, I am sure, but every N-reg carries an ELT since “everybody” knows about this. Nobody could move to N-reg without the DAR checking it, and any imported N-regs will have an ELT already since this requirement has been around since for ever.

Administrator
Shoreham EGKA, United Kingdom
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