"Sam Spade" wrote in message
...

On August 28th, Hawker biz jet and a glider collided south of Reno,
Nevada at 16,000 feet. Fortunately, everyone survived. The Hawker was
IFR and flying a STAR into KRNO. Following is an excerpt from the NTSB's
preliminary report (LAX06FA277A):

"The glider was equipped with a panel mounted communication radio, global
positioning system (GPS) unit, and a transponder; however, the pilot did
not turn on the GPS and transponder. The transponder's activation is not
required for glider operations (for more details see 14 CFR Part 91.215).
According to the glider pilot, he did not turn on the transponder because
he was only intending on remaining in the local glider area, and because
he wanted to reserve his batteries for radio use. The glider was equipped
with two batteries (one main and one spare), however, due to the previous
glider flights, the pilot was unsure of the remaining charge in the
battery."

I'd be interested in opinions about the legal conclusion the NTSB makes in
their preliminary report as to whether the glider pilot did, or did not,
have to have his transponder turned on:
"The transponder's activation is not required for glider operations (for
more details see 14 CFR Part 91.215)."

My take on 91.215 is that the NTSB is wrong. It was elective to install a
transponder in the glider, but because it was installed it had to be on
unless it was broken


I believe a report on this accident indicated the transponder was not
"certified". I don't know what was meant by that, but if it means the
transponder wasn't maintained in accordance with FAR 91.413 then the pilot
would be in violation if he had turned it on.