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Budd Bill Would Prevent Key Aviation Safety Technology from Being Improperly Used to Charge, Punish Pilots

Pilot and Aircraft Privacy Act limits the use of ADS-B data

Washington, D.C. — U.S. Senator Ted Budd (R-N.C.), joined by Senators Dan Sullivan (R-Alaska) and Tim Sheehy (R-Mont.), and Representative Bob Onder (R-Mo.-3), recently introduced the bicameral Pilot and Aircraft Privacy Act to limit the use of Automatic Dependent Surveillance–Broadcast (ADS-B) technology and require greater transparency in how airports impose fees on general aviation aircraft.

ADS-B is a critical safety technology mandated by the FAA and is 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,”said Senator Budd.

“Misusing vital safety technology like ADS-B for non-safety purposes, such as generating unwarranted fees or initiating inappropriate actions, jeopardizes pilot privacy and undermines the very foundation of this critical airspace system. Prioritizing the trust and participation of pilots is essential by ensuring ADS-B remains dedicated solely to its intended safety function,” said Senator Sullivan.

“Flight safety technologies like ADS-B are vital for pilots to ensure safety on the ground and in the skies, but penalizing pilots for using this technology with arbitrary fees jeopardizes both pilot privacy and flight safety by incentivizing operators to avoid using this critical technology. As we enact reforms to keep American aviation the safest in the world, I’m proud to join my colleagues on this commonsense legislation to increase transparency and make certain pilots across the country can focus solely on the safety of their aircraft and their passengers,” said Senator Sheehy.

“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,” said Representative Onder.

Background:

While ADS-B is designed to be used as a safety technology, some airports have begun improperly using these systems to track aircraft for the purposes of assessing landing fees and collecting revenue from pilots. To avoid duplicative and unfairly assessed fees, aircraft owners, operators, and pilots may feel compelled to fly without ADS-B installed or active on their aircraft, increasing the risk of close calls and collisions. In addition, these fees are often assessed without justification or transparency, placing unreasonable financial burdens on pilots, flight students, charitable organizations, and small aviation businesses that rely on access to the national airspace.

General aviation plays a critical role in U.S. transportation, economic development, and emergency response. The Pilot and Aircraft Privacy Act protects the privacy and economic viability of the aviation community, ensuring the freedom to fly without undue surveillance or cost.

Specifically, this bill:

  • Prohibits government agencies and private actors from using ADS-B data to identify aircraft for the purpose of imposing fees or charges.
  • Clarifies that ADS-B data may only be used by air traffic controllers for air traffic safety, efficiency, or for other purposes approved by the Secretary of Transportation following public comment.
  • Ensures that investigations cannot be initiated on the basis of ADS-B data.
  • Requires public-use airports to disclose financial information and the projected impact before imposing new fees on general aviation, and requires that any such fees must be used exclusively for airside safety improvements.

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