A pilot has shared a heavily redacted photo of a letter he received from the Department of the Interior regarding a flight that allegedly violated an FAA advisory circular’s guidance. Pilots are worried about the FAA’s increased reliance on ADS-B data for investigations, fearing that alleged deviations that might not have been noticed in the past when primary radar was the best tool are now being used to penalize them.
Today, with ADS-B, investigators can track not only where aircraft are currently but also where they’ve been. According to reports from pilots who feel they are unjustly targeted, such enforcement actions seem to be occurring more frequently.
The issue gained significant attention when Martha Lunken, a prominent aviation writer, had her certificates revoked by the FAA for turning off her ADS-B before flying under a bridge. Lunken admitted to the bridge flight but not the ADS-B transmitter switch-off, and she surrendered her certificate due to the high cost of a legal battle with the FAA. But how did the FAA know the ADS-B transmitter was off? It’s likely they used the ADS-B data, just as a football announcer would refer to the instant replay for penalties.
Back in the early part of this century, when the FAA proposed a network of GPS-enabled position self-reporting transmitters in every plane, pilots were concerned about potential privacy implications. They worried that in an airspace where they previously had some freedom from constant surveillance, now with ADS-B, they would be more closely monitored, especially when flying in remote areas.
Not only can the FAA track pilots with ADS-B on, whether in a big city or the Badlands, but they are also required by regulation to have it on. So, if a pilot tries to avoid detection by turning off ADS-B, they can still be penalized for what they think they did and even have their certificate revoked for turning off the data transmitter (except for some ADS-B transponders in certain airspace where the equipment is not required).
In a Facebook group message thread, pilots have shared stories of actions taken against them by the FAA and other governmental organizations based on ADS-B data. It’s not just the FAA that can access and use this data against pilots. There are reports of state agencies using ADS-B data for actions against pilots who land in unauthorized areas and of at least one state agency using it to track aircraft for out-of-state owners’ taxation.
One pilot posted a letter from the United States Department of the Interior stating that the facility tracked a plane that flew too low under a certain ceiling and threatened legal action if the pilot didn’t comply. The Department cited an FAA advisory circular regarding the restricted ceiling in protected areas.
But, as pilots know well, dealing with the FAA is often an uphill battle. The investigators have legal support, while the accused pilots have to pay for their own representation. For many pilots, an accusation is equivalent to a suspension or revocation.
Is there anything that can be done? Backcountry pilots, who engage in activities far from others and structures, are particularly concerned. They argue that they are not harming anyone and should have the right to do their sport while also respecting restrictions. And in a world where the government is watching every move, the risks for pilots have increased, and the FAA’s power has expanded in a concerning way.
If you’re worried about this, let your organization know. The FAA seems to be using ADS-B for strict and, in some eyes, unfair enforcement. Maybe it’s time to consider regulations that take this power away from the FAA and return the world of sport flying to a safer and better state.
Plane & Pilot Survey: Should ADS-B Be Used For Enforcement Actions?
