If Montana Rep. Shane Klakken’s (R-Grass Range) bill to limit (but not prevent) the use of ADS-B to collect fees at airports in Montana is signed into law, I believe it may lead to a patchwork of similar laws around the country.
And that’s not good.
From the bill’s summary: “The bill proposes revisions to aeronautics laws in Montana concerning the use of Automatic Dependent Surveillance-Broadcast (ADS-B). It establishes that no entity, whether governmental or private, is permitted to utilize information from ADS-B systems to calculate, generate, or collect fees from aircraft owners or operators within the state.”
It would be great if the summary (and the bill) stopped there. However…
The bill also provides specific definitions for “aircraft” and “Automatic Dependent Surveillance-Broadcast,” clarifying that the term “aircraft” refers to those weighing 9,000 pounds or less and operating under specific federal regulations.
Hmm.
Montana Code currently defines aircraft as “a contrivance used or designed for navigation of or flight in the air.”
That makes sense.
HB 571 will expand Montana’s definition to include the weight limit when an airport wants to use ADS-B to collect fees for using said airport.
Klakken told the Aircraft Owners and Pilots Association (AOPA) that he drafted the bill “after consulting with Montana airport operators who already exempt aircraft weighing less than 9,000 pounds from landing fees.”
OK. Cool.
“The bill would amend existing state aeronautics laws to codify the landing fee exemption for such aircraft operated under Part 91.”
I dunno about that.
If signed into law, it feels like HB 571 further codifies fees for thee, but not for me.
Who’s impacted?
Those in the lighter end of GA will, obviously, enjoy the perks of this law. Single engine piston Cessnas and Pipers and Cirrus and the like, as well as piston-powered twins.
And if you operate a Cessna Caravan you’ll squeak by, fee free, at an 8,807 pound gross weight.
Not so if you operate a Citation M2 (or larger) or any of Beechcraft’s King Air line.
A house divided?
Could this bill, and follow-ons from other states, divide the aviation community?
Perhaps. But I suppose you could say that for most legislation, aviation-related and otherwise.
Maybe I’m naive when it comes to fee structures at most airports because I’ve only ever operated at the light end of aviation.
But airport owners and operators have bills to pay, just like the rest of us. Making certain airports thrive, not just survive, is paramount for our time flying and the next generations of pilots.
So finding ways to increase operational revenue while also ensuring the long-term viability for airports for all aircraft (regardless of gross weight) is paramount. The new ADS-B powered fee collection system is just another tool. But a tool that stands in stark contrast to the original intent of mandating ADS-B equipage.
Alas, there isn’t an easy solution.
But codifying fees for some, and not for others, doesn’t feel like a good long-term solution.
