Louisiana Gov. Jeff Landry has signed HB 730, a bill prohibiting the use of ADS-B data to calculate, generate or collect fees or taxes from certain aircraft owners or operators in the state. The law applies to aircraft weighing below 12,500 pounds on Part 91 flights and goes into effect Aug. 1.
The measure passed the Louisiana Senate unanimously and the Louisiana House by a vote of 91-8.
Federal Debate Continues
The issue has also become part of aviation safety discussions in Congress. A provision included in ALERT Act legislation passed by the U.S. House would prohibit a person, government agency or other entity from using ADS-B data to identify aircraft for revenue collection from pilots without their consent.
FAA Administrator Bryan Bedford addressed the issue during a Senate Commerce Subcommittee on Aviation, Space, and Innovation hearing earlier this year. Sen. Tim Sheehy, R-Mont., asked Bedford whether ADS-B should be used by airports or government entities to assess fees or taxes.
“No, sir. It was intended to be a safety and situational awareness tool,” Bedford said. “We frown on the concept of using ADS-B information for revenue collection at airports, and if we need to step up that in terms of how aggressively we dissuade that, we will.”
AOPA Supports Restrictions
AOPA supported the Louisiana bill and said ADS-B exists for safety and airspace efficiency. The association has argued that using the data for billing could affect pilot acceptance of the technology, especially among aircraft owners who operate under Part 91.
“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,” AOPA Senior Vice President of Government Affairs and Advocacy Jim Coon said. “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 does not remove airport authority to establish charges, fees and tolls for airport use. HB 730 instead bars the use of ADS-B information as the basis for calculating, generating or collecting fees or taxes from covered aircraft operators. Violations are subject to fines of up to $500 for each occurrence.
LAMA Opposed Bill
The Louisiana Airport Managers and Associates opposed HB 730 and said in a statement earlier this year that airports use ADS-B data to verify operations and manage existing fee programs. The group said it was not aware of Louisiana airports using ADS-B in a punitive way or using it to collect fees from noncommercial general aviation users.
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