ADS-B Mandate – ATCs Responsible for Deaths?
Dick, E737s (Wedgetails), F/A-18s and BAe Hawks are not ADS-B equipped.
Any visiting foreign Military or Head-of-State carrying aircraft are also allowed in ADS-B airspace without the equipment.
I can tell you that the ATCs concerned, far from "bragging about forcing the aircraft to fly at FL280" were embarrassed and concerned about having to enforce this, and pleaded with the supervisor to make sure that this did absolutely have to be applied (and I believe he fully investigated any work-arounds).
The controllers have been issued directives to say they have no leniency or interpretive allowances in the application of these instructions. It is law, and they break the law at the peril of their continued employment.
The controllers involved wished they could have coached the crew in the declaration of a "Mercy Flight" to get the restriction waived