Will ATC provide waivers?


Doubtful. However, FAR 91.225, Automatic Dependent Surveillance-Broadcast (ADS-B) Out equipment and use, says:

“(e) The requirements of…this section do not apply to any aircraft that was not originally certificated with an electrical system, or that has not subsequently been certified with such a system installed, including balloons and gliders. These aircraft may conduct operations without ADS-B Out
(1) Outside any Class B or Class C airspace area; and
(2) Below the altitude of the ceiling of a Class B or Class C airspace area designated for an airport, or 10,000 feet MSL, whichever is lower.

“(g) Requests for ATC authorized deviations from [ADS-B] must be made to [ATC] as follows:
(1) For operation of an aircraft with an inoperative ADS-B Out, to the airport of ultimate destination, including any intermediate stops, or to proceed to a place where suitable repairs can be made or both, the request may be made at any time.
(2) For operation of an aircraft that is not equipped with ADS-B Out, the request must be made at least 1 hour before the proposed operation.”


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