Limits Data Use To Intended Safety, Efficiency Purposes

The Pilot and Aircraft Privacy Act was introduced in the House by Representative Bob Onder (R-MO) and in the Senate by Senator Ted Budd (R-NC), to federally restrict the use of ADS-B flight tracking data for non-safety-related purposes.

The bills, introduced on June 26, prohibit the use of ADS-B to assess fees or initiate enforcement actions unrelated to safety. They also explicitly reinforce that its intended use is for situational awareness and air traffic management purposes only.

The legislation, co-sponsored by Sen. Dan Sullivan (R-AK) and Sen. Tim Sheehy (R-MT), would deny the use of ADS-B data to identify and collect landing or access fees. It also amplifies the language in the 2024 FAA Reauthorization Act that prevents investigations based solely on ADS-B evidence.

The bills also explicitly require that public-use airports make the cost impacts of any new landing fees known and stipulate that those fees must be used to pay for airside safety improvements.

This federal action is the result of advocacy efforts by industry groups. Letters to FAA acting Administrator Chris Rocheleau described how the misuse of ADS-B data for lawsuits, third-party landing fees, and enforcement actions caused a chilling and potentially dangerous effect on general aviation, forcing pilots to pay expensive legal fees or unexpected landing fees.

Aviation groups have told the FAA that misuse of the data raises safety and privacy concerns, and that such misapplication of the data runs afoul of the FAA’s stated goals and threatens to discourage participation in this safety-critical program. Some even speculate that pilots may take actions that compromise safety such as turning off their transponder.

Sen. Budd said, “ADS-B is a critical safety technology mandated by the FAA and more accurate than radar. 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.”

Rep. Onder said, “As a pilot with years of experience using ADS-B technology, I understand the game-changing impact it has had on aviation safety. By communicating an aircraft’s identification, airspeed, heading and altitude, ADS-B has dramatically improved situational awareness for pilots, as well as the real-time data air traffic controllers need to keep pilots and passengers safe.

“Unfortunately, some third parties have taken advantage of this data to impose and collect exorbitant third-party landing fees and frivolous lawsuits targeted at general aviation pilots and travelers. These uses of data for purposes other than air traffic safety act as a deterrent for pilots to equip their aircraft with this potentially life-saving technology.”

FMI:  www.faa.gov/