As described in 14 CFR 91.225, ADS-B Out performance is required to operate in:Class A, B, and C airspace. Above the ceiling and within the lateral boundaries of a Class B or Class C airspace area upward to 10,000 feet MSL .
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Two-way radio communications and operational transponder are normally required for operations within Class C airspace, but operations without radio communications or transponder can be conducted by LOA, facility directive, or special arrangement with Class C airspace controlling facility.
The regulation 14 CFR 91.225(e) allows aircraft not certificated with an electrical system, including balloons and gliders, not equipped with ADS-B Out to operate within 30 nautical miles of a Class B primary airport—basically, within its Mode C veil—while remaining outside of any Class B or Class C airspace.
You must be equipped with ADS-B Out to fly in most controlled airspace. Any airspace that requires the use of a Transponder, described in 14 CFR 91.215, also requires aircraft to be equipped with a Version 2 ADS-B Out system.
While you don't need an operable transponder to fly below a Class C shelf, you will need one to fly above Class C airspace. As you approach a Class C airport, you'll contact that airspace's approach control. Call ATC on the radio before you're in Class C airspace and make sure to tell them: Your position.
However, if you wish to operate in class A, B, or C airspace, or at an altitude of over 10,000' MSL, or within a 30 nautical mile radius of the primary airport in class B airspace, you will need a transponder and altitude encoder (commonly referred to as mode C).
Civilian aircraft can turn off their ADS-B Out only if specifically instructed to do so by ATC, or if they are the non-lead aircraft in a formation flight, Duke said. Regulations as operationally complex as the ADS-B rules can be rife with unintended consequences, Harrison added.
I don't have ADS-B Out, can I fly in ADS-B rule airspace? Operators of aircraft not equipped with ADS-B Out, or with inoperative ADS-B Out, who wish to operate in ADS-B rule airspace must obtain an ATC authorization before flying.
Unless otherwise authorized or required by ATC, no person may operate an aircraft at or below 2,500 feet above the surface within 4 nautical miles of the primary airport of a Class C airspace area at an indicated airspeed of more than 200 knots (230 mph).
MSL. DISCUSSION: A VFR flight that departs a Class D airport, cruises in Class E airspace at 7,500 ft.MSL, and arrives at another Class D airport may be made without ADS-B Out equipment installed because ADS-B Out is not required in Class D airspace or Class E airspace below 10,000 ft. MSL.
Before entering Class C airspace, the pilot MUST establish communication with the radar service. Radio contact with radar and/or tower must be maintained when in this airspace. You may request Flight Following Radar Service outside the 10 mile shelf. It may be granted on a workload permitting basis.