Mode S Transponder
This is really interesting. The 'intended recipient' of my ADS-B 'out' transmissions is anyone in the vicinity who is airborne or another agency on the ground using the information for my benefit. This includes someone in the clubhouse looking at FR24 to see when the aircraft will be back for sortie planning purposes. In order for this to work, the information needs to be presented on a web site via the internet.
Someone needs to bring a test case to see if transponder transmissions are covered by the definition 'wireless telegraphy'. Strictly, 'telegraphy' means 'the long distance transmission of written messages' (from the ancient Greek).
It's also interesting that in the US (and Canada it seems) we can listen to ATC voice transmissions and get an instant replay on social media whenever there is an accident or incident, whereas in the UK, you never hear a peep - probably due to people being afraid of the WTA 2006.
Freedom of Information seems a lot free-er in some places than others...
TOO
Someone needs to bring a test case to see if transponder transmissions are covered by the definition 'wireless telegraphy'. Strictly, 'telegraphy' means 'the long distance transmission of written messages' (from the ancient Greek).
It's also interesting that in the US (and Canada it seems) we can listen to ATC voice transmissions and get an instant replay on social media whenever there is an accident or incident, whereas in the UK, you never hear a peep - probably due to people being afraid of the WTA 2006.
Freedom of Information seems a lot free-er in some places than others...
TOO
(1)In this Act “wireless telegraphy” means the emitting or receiving, over paths that are not provided by any material substance constructed or arranged for the purpose, of energy to which subsection (2) applies.
(2)This subsection applies to electromagnetic energy of a frequency not exceeding 3,000 gigahertz that—
(a)serves for conveying messages, sound or visual images (whether or not the messages, sound or images are actually received by anyone), or for operating or controlling machinery or apparatus; or
(b)is used in connection with determining position, bearing or distance, or for gaining information as to the presence, absence, position or motion of an object or of a class of objects.
Receiving ADSB-out and Mode-S signals, unless you are an intended recipient (as a Flying Club clubhouse would be) is definitely covered by the Act and hence illegal in the UK. Previous versions of the Act only using the information gained was an illegal activity, but the 2006 Act made receiving the information illegal as well.
No test case required. The UK Wireless Telegraphy Act, 2006, Section 116 states:
(1)In this Act “wireless telegraphy” means the emitting or receiving, over paths that are not provided by any material substance constructed or arranged for the purpose, of energy to which subsection (2) applies.
(2)This subsection applies to electromagnetic energy of a frequency not exceeding 3,000 gigahertz that—
(a)serves for conveying messages, sound or visual images (whether or not the messages, sound or images are actually received by anyone), or for operating or controlling machinery or apparatus; or
(b)is used in connection with determining position, bearing or distance, or for gaining information as to the presence, absence, position or motion of an object or of a class of objects.
Receiving ADSB-out and Mode-S signals, unless you are an intended recipient (as a Flying Club clubhouse would be) is definitely covered by the Act and hence illegal in the UK. Previous versions of the Act only using the information gained was an illegal activity, but the 2006 Act made receiving the information illegal as well.I see nothing in the quoted section that prohibits reception. This section seems to only define what is meant by "wireless telegraphy".
There was an extract of the 2006 act quoted earlier (48 Interception and disclosure of messages) and it specifically relates to "disclosure". What section prohibits reception?
I see nothing in the quoted section that prohibits reception. This section seems to only define what is meant by "wireless telegraphy".
There was an extract of the 2006 act quoted earlier (48 Interception and disclosure of messages) and it specifically relates to "disclosure". What section prohibits reception?
There was an extract of the 2006 act quoted earlier (48 Interception and disclosure of messages) and it specifically relates to "disclosure". What section prohibits reception?
How often do UK Short Wave Listeners (SWL) get charged with violating section 48? Should I report any of them that send me a QSL card confirming that they heard my amateur radio transmissions that were clearly not directed at them?
There is clearly a difference between what the Act says is illegal, and what the authorities choose to enforce/prosecute.
Anyone watching enthuiasts at more or less any UK airport will see many using scanners to listen to ATC, and the FR24/ADSB etc websites have large numbers of UK contributors of data in order to give the coverage that they do. There don't appear to be any laws prohibiting the sale of scanners or home ADSB receivers in the UK, so enforcement of the Act looks to me to be a near impossible task.
Anyone watching enthuiasts at more or less any UK airport will see many using scanners to listen to ATC, and the FR24/ADSB etc websites have large numbers of UK contributors of data in order to give the coverage that they do. There don't appear to be any laws prohibiting the sale of scanners or home ADSB receivers in the UK, so enforcement of the Act looks to me to be a near impossible task.
I don't know the rules in UK but, in USA, it is illegal not to operate an installed ADS-B Out system or transponder. The penalties for intentionally turning it off may be more severe then the penalities for the infraction you hoped to hide.
The only legal option in USA is to have the system removed from the aircraft and have the removal recorded in the aircraft log by a qualified person. Not an option for me as ADS-B Out is required a my base airport.
The only legal option in USA is to have the system removed from the aircraft and have the removal recorded in the aircraft log by a qualified person. Not an option for me as ADS-B Out is required a my base airport.
Personally I have a Mode S Transponder fed with GPS that squits out ADSB and one of those Pilot Aware jobs, I switch the lot on every flight not from fear of being technically illegal but because it would be daft not to
Im happy to be tracked in the air, grateful in fact
