Montana considers ADS-B landing fee limits
A bill drafted by longtime AOPA member and newly elected Montana state Rep. Shane Klakken (R-Grass Range) would limit the use of ADS-B data to assess fees on certain aircraft. The measure would prohibit the use of ADS-B data to assess landing fees on aircraft flown under Part 91 that weigh up to 9,000 pounds.
The Montana House passed H.B.571 on March 6 on a 60-39 vote, sending the measure to the Senate, which scheduled a March 20 committee hearing on the measure.
“We appreciate Rep. Klakken’s efforts to curb ADS-B mission creep, which further reinforces the need for a national policy upholding the FAA’s original commitment to aircraft owners that ADS-B devices would not be used for purposes unrelated to safety or airspace efficiency,” said AOPA President Darren Pleasance.
AOPA Senior Vice President of Government Affairs Jim Coon stated the case in the April issue of AOPA Pilot: "The purpose of ADS-B, as we all know, is to improve aviation safety and efficiency—period. It was never intended to be used for collecting fees for airports or for monitoring and tracking aircraft that often lead to frivolous noise complaints and legal actions. ADS-B should be used solely for its intended purpose—safety—and policy makers need to set this right."
Klakken, a former U.S. Army helicopter and fixed-wing pilot who also flew firefighting missions for the U.S. Forest Service, then flew for U.S. Customs and Border Protection for 11 years before returning to tend the family ranch in Grass Range, won his seat in the newly created House District 37 in 2024 on a platform centered on limited government and protection of individual rights. He told 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. The bill would amend existing state aeronautics laws to codify the landing fee exemption for such aircraft operated under Part 91.
Meanwhile, AOPA is working to reverse a growing trend of airport operators moving in the other direction, utilizing ADS-B devices installed in aircraft, which has been mandatory in rule airspace since 2020, to implement landing fees that were impractical to assess before thousands of aircraft owners were forced to equip. Pleasance asked the FAA to halt, on a national level, the use of ADS-B data "for frivolous lawsuits, questionable enforcement actions, and the collection of airport landing fees," in February, reiterating a similar request made to the previous administration in September.
AOPA is encouraging airport operators to develop alternative sources of revenue that would avoid long-term damage to general aviation.
