"Ron Natalie" wrote

By the way, if the transponder cert was out of date, the aircraft
was not technically airworthy unless the device was deactivated,
removed, or properly placarded. Hope, the glider pilot did
the appropriate thing with regard to that.

I don't know about that one, Ron.

One might consider the real world of practical pro's and con's before
deciding to leave the transponder off, in this case. If it could be
determined that the unit was in the ball park, with regards to location and
altitude reporting, it would have been far better to run it, and tell the
FAA to sit and rotate, if they asked. The end result would have been two
intact aircraft, and removal of the chance of people nearly dying.

I know I could have slept well, under those conditions.
--
Jim in NC