KRnet,
Please read section 2.a. As stated earlier, flying above 10,000 msl, Mode C required, You can ask for an exemption from ATC, but they do not have to give it to you. Tony Wright (IGI) F. Mode C Transponder Requirements 1. Specific details concerning requirements to carry and operate Mode C transponders, as well as exceptions and ATC authorized deviations from the requirements are found in FAR Part 91.215 and FAR Part 99.12. 2. In general, the FAR requires aircraft to be equipped with Mode C transponders when operating: (a) at or above 10,000 feet MSL over the 48 contiguous states or the District of Columbia, excluding that airspace below 2,500 feet AGL; (b) within 30 miles of a Class B airspace primary airport, below 10,000 feet MSL. Balloons, gliders, and aircraft not equipped with an engine driven electrical system are excepted from the above requirements when operating below the floor of Class A airspace and/or; outside of a Class B airspace and below the ceiling of the Class B Airspace (or 10,000 feet MSL, whichever is lower); (c) within and above all Class C airspace, up to 10,000 feet MSL; (d) within 10 miles of certain designated airports, excluding that airspace which is both outside the Class D surface area and below 1,200 feet AGL. Balloons, gliders and aircraft not equipped with an engine driven electrical system are excepted from this requirement. 3. FAR Part 99.12 requires all aircraft flying into, within, or across the contiguous U.S. ADIZ be equipped with a Mode C or Mode S transponder. Balloons, gilders and aircraft not equipped with an engine driven electrical system are excepted from this requirement. 4. Pilots shall ensure that their aircraft transponder is operating on an appropriate ATC assigned VFR/IFR code and MODE C when operating in such airspace. If in doubt about the operational status of either feature of your transponder while airborne, contact the nearest ATC facility or FSS and they will advise you what facility you should contact for determining the status of your equipment. 5. In-flight requests for "immediate" deviation from the transponder requirement may be approved by controllers only when the flight will continue IFR or when weather conditions prevent VFR descent and continued VFR flight in airspace not affected by the FAR. All other requests for deviation should be made by contacting the nearest Flight Service or Air Traffic facility in person or by telephone. The nearest ARTCC will normally be the controlling agency and is responsible for coordinating requests involving deviations in other ARTCC areas. G. Transponder Operation Under Visual Flight Rules (VFR) 1. Unless otherwise instructed by an Air Traffic Control Facility, adjust transponder to reply on MODE 3/A code 1200 regardless of altitude. 2. Adjust transponder to reply on MODE C, with altitude reporting capability activated if the aircraft is so equipped, unless deactivation is directed by ATC or unless the installed equipment has not been tested and calibrated as required by FAR Part 91.217. If deactivation is required and your transponder is so designed, turn off the altitude reporting switch and continue to transmit MODE C framing pulses. If this capability does not exist, turn off MODE C.
