Senator Cruz Introduces Legislation To Address Aviation Safety

New law would require military flights to use ADS-B technology in selected airspace.

Ted Cruz ADS-B
Sen. Ted Cruz (R-Tex) Credit: U.S. Senate Photographic Studio
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Key Takeaways:

  • Senator Ted Cruz introduced legislation mandating that military aircraft operating near certain airports must use operable Automatic Dependent Surveillance-Broadcast (ADS-B) equipment.
  • This proposed law directly addresses a fatal Jan. 29 midair collision near Ronald Reagan Washington National Airport, where a military helicopter likely wasn't broadcasting ADS-B data.
  • Cruz emphasizes the need for all aircraft in congested airspace to adhere to safety standards, a stance supported by the NTSB and Transportation Secretary who view ADS-B as a crucial safety "game changer."
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U. S. Senator Ted Cruz, R-Texas, introduced legislation yesterday meant to address factors that led to the fatal Jan. 29 midair collision on the approach path to Ronald Reagan Washington National Airport (KDCA) between an American Airlines passenger jet and a U.S. Army Black Hawk helicopter. Pivotal to the new legislation would be a mandate that military aircraft operating near certain airports would be required to have and use operable Automatic Dependent Surveillance-Broadcast (ADS-B) equipment. The helicopter involved in the January 29 collision, which killed all 67 people on board both aircraft, was almost certainly not broadcasting ADS-B data.

Cruz, who serves as chairman of the Senate Committee on Commerce, Science and Transportation, said, “We should not tolerate special exceptions for military training flights operating in congested airspace. No matter the circumstances, any aircraft flying near commercial traffic must fully adhere to safety standards.”

Along with Transportation Secretary Sean Duffy, National Transportation Safety Board (NTSB) chair Jennifer Homendy was with Sen. Cruz at the Tuesday press conference. She called ADS-B technology a safety “game changer for aviation,” adding that the NTSB has been promoting it for two decades. Duffy said that while Cruz’s proposed legislation might require “a few tweaks,” it was essentially on target.

The NTSB opened three days of hearings today focused on the Jan. 29 collision and wider concerns over runway incursions and other air traffic control close calls over the past several months.

Mark Phelps

Mark Phelps is a senior editor at AVweb. He is an instrument rated private pilot and former owner of a Grumman American AA1B and a V-tail Bonanza.

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Replies: 16

  1. My thoughts are that ALL aircraft should be flying with ADSB in and out. In any kind and type of airspace. A few years ago i was flying a rental aircraft with only ADSB out. Going into the sun, another aircraft flew right over the top of me. Neither of us saw each other.

  2. Come on Ted….really? Is that all you got? How about everyone on the same VHF frequency in joint use airspace? How about all military flights outside of MOA’s, below 10,000 feet, observe the 250KT rule? The RJ crew never heard the silence from the helo crew when DCA told the helo to turn behind the RJ. Ted, the entire system of joint use airspace needs to be FIXED. Think Regan, Bismarck…….

  3. Another “do something” waste of time legislation.

    If the helicopter had ads-b out, nothing would have changed. The jet didn’t have ads-b in.

    Ted needs a vacation.

  4. Avatar for vince vince says:

    Lots of questions. About 170,000 out of 200,000 US aircraft already have ADS-B out. Are you going to make everyone get ADS-B in? The accident had nothing to do with ADS-B. He helo reported the well-lit RJ in sight, but turned into it. This is like walking down a dark road at night–on the left side like you are supposed to. You see a semi truck coming down the road with all its lights on–and you turn right into the truck. Why? That said, why did the FAA even permit visuals to Runway 33 with the helo route active? If everyone was exactly on altitude/glide slope, there was less than 100 ft vertical clearance. Why?

  5. He knows…
    "Sen. Ted Cruz, R-Texas, made the opening remarks at the committee session. He cited Bedford’s credentials as an ATP-rated pilot and his experience at the helm of several airlines. Sen. Cruz said, “The FAA is sorely in need of his steady leadership. No Senate-confirmed head of the agency has completed a full five-year term since 2018. I have high expectations for transparency and intend to hold the Department of Transportation and the FAA accountable for implementing the improvements responsibly and promptly.”

    that much…

  6. In high traffic density areas use of ADS-B… AND ALSO USE OF COMMERCIAL [NOT MIL] COMM frequencies… is a NO BRAINER… until clear of high density and in MIL USE airspace.

  7. Karrpilot is right on. ADS-B for everyone all the time. Saved my bacon a few times. There are no legitimate reasons not to.

  8. There ARE reasons not to, although they are limited. For example, border patrol and law enforcement aircraft do occasionally have the legitimate need to sneak up on the bad guys. The military too, of course, but probably not in domestic airspace.

  9. Other than charged for landing fees…

  10. Good points David. I mean for normal aviators.

  11. Let’s see…being charged for landing fees or having a mid-air…

  12. I’ve been flying over 50 years and a few things still baffle me, especially these: a person will pay tens or even hundreds of thousands of dollars for an airplane and then get bent out of shape about a few bucks for landing fees, or will fly miles out of the way to save a few pennies on fuel.
    As soon as the uAvionix ADS-B unit became available I installed it on my Cessna in literally minutes. It cost a fraction of the value of my airplane and provides priceless additional safety. Now, ADS-B must be required on every GA aircraft at all times.

  13. …being charged for landing fees or having a mid-air…

    How much do they charge for having a mid-air?

  14. Well, it’s been a long time since I was a military pilot but, in my day, not all military aircraft had VHF radios and not all military aircraft could fly safely below 250 KIAS. We had exemption from the speed limit due to flight manual requirements.

  15. The military is required to fly only in Military Operation Areas (MOAs). The military helicopter near a civilian major airport is a violation of law. Remarkably, no one has asked this obvious question. Why was this helicopter flying outside an MOA and inside commercial airspace? ADS-B technology be dammed; and not needed inside an MOA; where they were supposed to
    be. Does anyone know how to place this question before the US justice department to take the Military (DOD) to court for their unlawful practice of flying outside an MOA? Just get the military to say they will stay inside MOAs always. And have the FAA monitor any and all military flying outside MOAs and put a stop to flying outside MOAs ASAP. Anyone who has checked aeronautical charts knows over 100 MOAs in the US; so no excuse for the military not doing all their flying in an MOA.

  16. That’s made up nonsense.

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