NTSB prelim report out

Quebec Tango wrote:
This is a very interesting statement to see from an FAA investigator
who should know the rules (or at least be able to read). 14 CFR Part
91.215 is very clear that if you are a pure glider above 10K you do not
need to have a transponder installed. It is also about as clear as any
FAR can be that if you have one, it must be on.

The intrepretation that "If I am not required to have one, then I can
act as if I don't even if I do" just isn't how the rule reads.

Incidentally, if he post his flight to OLC it will be accepted
according to the OLC-SSA rules ;-)

Quebec Tango wrote:
This is a very interesting statement to see from an FAA investigator
who should know the rules (or at least be able to read). 14 CFR Part
91.215 is very clear that if you are a pure glider above 10K you do not
need to have a transponder installed. It is also about as clear as any
FAR can be that if you have one, it must be on.

The intrepretation that "If I am not required to have one, then I can
act as if I don't even if I do" just isn't how the rule reads.

No, but the rules do require that the transponder must have been tested
every 24 months, and cannot be operated unless it has. So if it is
installed but not tested then it must be off.

Now, if you did not know the current status of the test, you would be
in a tough spot. I would suggest that from a regulatory standpoint the
most prudent thing to do would be to leave it off, but from a safety
standpoint, it would probably be better if it was on. A good lawyer
could probably argue either position.

I have a question which the report doesn't clarify.

What type of airspace was the glider and bizjet flying
in at the time?

Controlled or VFR?

Paul Buchanan

http://www.glidingstuff.co.nz

Paul, in the US, it can be "IFR controlled" and "VFR", where VFR aircraft
such as the glider can roam freely in VFR (Visual Flight Rules) or VMC
(Visual Meteorological Conditions) in the same airspace that IFR ATC
controlled traffic can be, the altitudes reported have been 13,500 to 16,500
MSL when they hit.

Positive Control (Class A) starts at 18,000MSL and up, and they were well
clear of any Class C or Class D airspace around Reno NV, so they were in
Class E airspace in VFR or VMC conditions.

I would have to check the local chart for Class G in that area. But Class E
exists over the Continental US from 14,500MSL to 17,999 and from FL600 and
up.

BT

"Paul Buchanan" wrote in message
...
I have a question which the report doesn't clarify.

What type of airspace was the glider and bizjet flying
in at the time?

Controlled or VFR?

Paul Buchanan

http://www.glidingstuff.co.nz

BTIZ wrote:
Paul, in the US, it can be "IFR controlled" and "VFR", where VFR aircraft
such as the glider can roam freely in VFR (Visual Flight Rules) or VMC
(Visual Meteorological Conditions) in the same airspace that IFR ATC
controlled traffic can be, the altitudes reported have been 13,500 to 16,500
MSL when they hit.

Actually there is a third category: IFR in uncontrolled airspace.
ATC can not provide control in class G airspace. However, there
is precious little of that in the at any altitude above a few
thousand feet AGL.

Paul Buchanan wrote:
I have a question which the report doesn't clarify.

What type of airspace was the glider and bizjet flying
in at the time?

Controlled or VFR?


Almost certainly IFR as they were descending from positive
control altitudes. It's rare (but not unheard) for bizjets
to not be operating IFR.

I have a question which the report doesn't clarify.

What type of airspace was the glider and bizjet flying
in at the time?

Controlled or VFR?

Almost certainly IFR as they were descending from positive
control altitudes. It's rare (but not unheard) for bizjets
to not be operating IFR.

I'm sure you speak only of the BizJet.. the glider was VFR and not under ATC
control and not required to be under ATC control.

BT

I have a question which the report doesn't clarify.

What type of airspace was the glider and bizjet flying
in at the time?

Controlled or VFR?

Paul Buchanan

http://www.glidingstuff.co.nz

Paul Buchanan wrote:
I have a question which the report doesn't clarify.

What type of airspace was the glider and bizjet flying
in at the time?

Controlled or VFR?

Paul Buchanan

http://www.glidingstuff.co.nz

Should have been class G. Glider was VFR, Jet was IFR in VMC.

"Doug Haluza" wrote in message
oups.com...

Paul Buchanan wrote:
I have a question which the report doesn't clarify.

What type of airspace was the glider and bizjet flying
in at the time?

Controlled or VFR?

Paul Buchanan

http://www.glidingstuff.co.nz

Should have been class G. Glider was VFR, Jet was IFR in VMC.

Doug.. wouldn't it be Class E above 14,500MSL?

BT