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Does the FAA construe FAR 91.225 as imposing a general prohibition on flight above 10,000' MSL (excluding airspace below 2500' AGL) in aircraft without ADS-B-out, even for aircraft without engine-driven electrical systems?

For example, does the FAA construe FAR 91.225 to prohibit a glider without ADS-B-out from exceeding 10,000' MSL, unless it is not above 2500' AGL?

If answering "yes", please provide specific examples.

For the purposes of this question, "aircraft without engine-driven electrical systems" means any aircraft that was not originally certificated with an engine-driven electrical system, that has not subsequently been certified with such a system installed, including balloons and gliders.

The motivation for this question is a conversation at a glider club where some pilots stated that their understanding was that gliders without ADS-B-out could not legally exceed 10,000' MSL, unless below 2500' AGL.

This related answer suggests that FAR 91.225(e)(2), which contains the prohibition on flight above 10,000' MSL for aircraft without engine-driven electrical systems, is best interpreted to only apply within the lateral boundaries of Class B or Class C airspace.

The current question is not about best interpretations of FARs, but rather about actual FAA practice.

Also, the current question is not about the significance of the phrase "without electrical systems" rather than "without engine-driven electrical systems" in FAR 91.225. This letter of interpretation from the FAA Office of the Chief Counsel clarifies that the references to aircraft "without electrical systems" in FAR 91.225 should be understood to instead read aircraft "without engine-driven electrical systems", and that the omission of the phrase "engine-driven" was in fact simply a mistake.

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The content in this FAA link indicates that the answer to the question is "no".

Under the rule, ADS-B Out performance will be required to operate in:

  1. Class A, B, and C airspace.
  2. Class E airspace within 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.
  3. Class E airspace at and above 3,000 feet MSL over the Gulf of Mexico from the coastline of the United States out to 12 nautical miles.
  4. Around those airports identified in 14 CFR part 91, Appendix D.

The ADS-B Out rule does not apply in the airspace defined in items 2 and 4 above for any aircraft not originally certificated with an electrical system or that has not subsequently been certified with such a system installed, including balloons and gliders. For additional requirements for using the exception for item 4, please refer to CFR 91.225 section (d) for the requirements.

(italicization added)

(as of Feb 24 2020, the quoted web page had last been updated on August 22, 2019)

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