Bill Would Limit Use of ADS-B Data

A group of congressional lawmakers has introduced a bill that would block government agencies and private companies from using ADS-B data to impose fees on pilots.

The Pilot and Aircraft Privacy Act would limit the use of ADS-B data to air traffic controllers (ATCs) for purposes of safety and efficiency. It would also ensure that investigations cannot be initiated on the basis of ADS-B data alone.

The bill’s sponsors, which include Senators Ted Budd (R-N.C.), Dan Sullivan (R-Alaska), and Tim Sheehy (R-Mont.), said the legislation is needed to keep airports from improperly using ADS-B information to assess landing fees and collect revenues. In the long term, they said, this tactic could discourage generation aviation or push pilots to fly without ADS installed or activated on their aircraft.

“ADS-B is a critical safety technology mandated by the FAA and is more accurate than radar,” Budd said in a statement. “Abusing this technology to levy unfair, sometimes duplicative fees and threatening pilots with legal action will keep some general aviation pilots grounded, which is a loss for America’s economy, emergency response, and the aviation community at large.”

Starting in 2020, the FAA requires that aircraft be equipped with ADS-B Out when operating in certain kinds of airspace.

The issue of ADS-B data privacy and potential misuse has been gaining traction in the GA community. In February, Aircraft Owners and Pilots Association (AOPA) president Darren Pleasance sent a letter to FAA acting administrator Chris Rocheleau asking him to halt the increasing use of ADS-B for frivolous lawsuits, questionable enforcement actions, and the collection of airport landing fees.

“We are now seeing FAA enforcement actions based on ADS-B data to prevent legal water landings or frivolous lawsuits where complainants are suing for nuisance, trespass, and intentional infliction of emotional distress for aircraft flying at 4,000 feet [agl] in full compliance with FAA requirements,” Pleasance wrote. “Pilots are now being forced to pay expensive legal fees to defend themselves against these questionable enforcement actions and frivolous lawsuits. Moreover, a cottage industry of companies contracting with public-use airports are now using ADS-B data to collect airport fees from general aviation pilots. As you can understand, these actions carry potential safety and individual privacy concerns that must be addressed.”