Louisiana becomes third state to ban ADS-B-based billing

The new law goes into effect on August 1 and prohibits the use of ADS-B data to charge fees to pilots flying aircraft weighing less than 12,500 pounds under FAR Part 91 (noncommercial operations). It passed the Louisiana Senate unanimously and passed the House on a 91-8 vote.

While more states are considering related legislation, AOPA is pursuing a national policy to avoid a patchwork of laws across the country. The nation’s top two transportation and aviation safety officials, NTSB Chair Jennifer Homendy and FAA Administrator Bryan Bedford, have both testified before Congress that ADS-B should only be used for aviation safety and not as a fee generator.

Legislation to address last year’s midair collision at Ronald Reagan Washington National Airport in Washington, D.C., was overwhelmingly approved by the U.S. House of Representatives in April and would, among other things, prohibit any person, government agency, or other entity from using ADS-B to identify aircraft for the purpose of collecting revenue from pilots without their consent.

"Some have tried to paint this as a way to not collect property taxes or fees imposed by airports—those assertions are flat-out false," said AOPA Senior Vice President of Government Affairs and Advocacy Jim Coon. "Pilots were given assurances when the federal government required ADS-B that it would only be used for aviation safety and airspace efficiency. That assurance is not being kept.

"The bill passed by the U.S. House of Representatives does nothing to stop airports, local and state governments, or any other entity from charging or collecting fees and taxes—it just takes away the ability for tax collectors and airports to exploit a safety technology for their economic gain," said Coon. "General aviation pilots already pay fuel taxes and fees to help offset the costs of safety infrastructure and operations at many public-use airports today, and they will continue to do so when this becomes law—they just would not be able to use a safety technology that saves lives for economic purposes. Airports and governments have other means to collect what they're owed."

Coon added, "In fact, according to the Tax Foundation, tax assessors collect more than $3 trillion each year in local and state taxes, including property taxes—and that is without using ADS-B. If this practice continues unchecked, it will discourage pilots from equipping their aircraft with this safety technology. We remain hopeful Congress will address the safety concerns—from pilots, federal officials, and the flying public."