Mode C Transponder and AirspaceIn order to travel within this airspace, you absolutely must have the proper equipment, unless you are one of the exceptions – a glider, a balloon, or an aircraft without a certified engine-driven electrical system.
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There are two exceptions to the Mode C transponder requirement in the FAA regulation Part 91. One for gliders, balloons, and those aircraft which do not have an electrical system, and a second exemption for those who do not have a transponder installed, or who's transponder is not functioning.
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 .
Class C. IFR and VFR flights are permitted, all flights are provided with air traffic control service and IFR flights are separated from other IFR flights and from VFR flights. VFR flights are separated from IFR flights and receive traffic information in respect of other VFR flights.
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).
Class C service requires pilots to establish two-way radio communications before entering Class C airspace. If the controller responds to a radio call with, “(a/c call sign) standby,” radio communications have been established and the pilot can enter Class C airspace.
Can we fly over it? Technically yes, BUT it's still a very bad idea because a motor out would force you to descend through the Class C airspace. We CAN'T fly here without special permission from ATC. Permission should be obtained in advance by telephone (some controllers will accept a radio call).