Transponder INOP

[Witmo]

A friend had a run-in with the local FSDO recently. Apparently the FSDO inspector claimed my friend needed a ferry permit to fly in class E airspace with a non-current transponder turned off. At no time would the flight to the avionics shop to get the transponder inspected fly in or even near Class A, B, or C airspace. He claimed if a transponder was installed it had to be turned on in controlled airspace (true, unless it was non-current--my thoughts). He further stated, the same reg precluded him flying with it off in any controlled airspace since it had to be on, hence the need for a ferry permit.

 

[455 Bravo Uniform]

You’ll have to do a reading of 91.215. Words “operable” stand out, as well as (d)(2). Both or neither may or may not apply to his situation.

 

[MauleSkinner]

The confusion between a 91.213 deferment and a ferry permit is interesting...occasionally when we’ve asked for ferry permits we’ve been told they couldn’t issue a ferry permit unless the inoperative component could be MEL’d.

If we could MEL it, why would we need a ferry permit?

 

[Cam Bender]

I was told that a ferry permit was only required for an airworthiness issue and not an operational issue. I was also told that an inop transponder is an operational issue in that it restricts where and how you can operate. It is not an airworthiness issue.

 

[IK04]

The regulation specifically states that the operative transponder is only required in A,B or C airspace or withing the 30-mile veil of specified airports and less than 10,000 feet altitude.

Any other interpretation is not IAW 91.215. Just pull the damn thing out of the rack and stick it in a paper bag if anyone wants to get nosey...

 

[Palmpilot]

The regulation specifically states that the operative transponder is only required in A,B or C airspace or withing the 30-mile veil of specified airports and less than 10,000 feet altitude.

Any other interpretation is not IAW 91.215. Just pull the damn thing out of the rack and stick it in a paper bag if anyone wants to get nosey...

Transponders are specifically excluded from the preventive maintenance list in Part 43, Appendix A.

 

[dmspilot]

Hey you guys left out the good part.

91.215(c):
Transponder-on operation. While in the airspace as specified in paragraph (b) of this section or in all controlled airspace, each person operating an aircraft equipped with an operable ATC transponder maintained in accordance with §91.413 of this part shall operate the transponder, including Mode C equipment if installed, and shall reply on the appropriate code or as assigned by ATC.

The transponder is not "maintained in accordance with §91.413" therefore 91.215(c) does not apply and the transponder is not required in the scenario the inspector described. The inspector is wrong.

 

[flyingron]

I've gotten airplanes out of IAD (inside the SFRA) post-9/11 with completely inoperative avionics stacks. Your local FSDO is full of it.

 

[Huckster79]

I’m glad there’s consensus on how to handle an in-op one as mine is old, what’s not in a 1947? I always thought if it pukes I’ll turn it off... Not doing ADB either, I’ll put that money into the gas tanks and fly clear of controlled space gladly. I didn’t buy a vintage taildragger to fly into Detroit metro... for the minuscule times I would NEED to go it’s just not worth it, if situation changes I’ll change my mind.