I think you are correct.



"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