Narrative:

Although I had read far 91.215 and aim paragraph 170 within one week prior, I was under the mistaken impression that a 'mode C' was not required to fly over an arsa if the aircraft was certified with no electrical system. While still outside arsa, at 4,500 ft (arsa ceiling 4100), contacted sacramento approach on 119.1 (handheld radio) and advised them of my position, altitude and destination (course overflying arsa). Approach provided radar service but after being handed off to next sector, controller asked if I had received one hour prior permission to overfly arsa. I advised him that I had not. He told me it was required to overfly arsa with no transponder. I asked for phone number to call after landing. This section of far is somewhat confusing. Paragraph 91.215 4II is followed by paragraph 91.215 5 which, if you aren't paying close attention to paragraph numbers, seems to exempt non-electrical system aircraft. Approach control - traffic permitting - should be allowed to issue permission for overflt of arsas in the air. The one hour requirement is cumbersome.

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Original NASA ASRS Text

Title: SMA WITHOUT ELECTRICAL SYS OVER FLIES ARSA WITH NO MODE C AND WITHOUT ONE HR PRIOR NOTICE.

Narrative: ALTHOUGH I HAD READ FAR 91.215 AND AIM PARAGRAPH 170 WITHIN ONE WK PRIOR, I WAS UNDER THE MISTAKEN IMPRESSION THAT A 'MODE C' WAS NOT REQUIRED TO FLY OVER AN ARSA IF THE ACFT WAS CERTIFIED WITH NO ELECTRICAL SYS. WHILE STILL OUTSIDE ARSA, AT 4,500 FT (ARSA CEILING 4100), CONTACTED SACRAMENTO APCH ON 119.1 (HANDHELD RADIO) AND ADVISED THEM OF MY POS, ALT AND DEST (COURSE OVERFLYING ARSA). APCH PROVIDED RADAR SVC BUT AFTER BEING HANDED OFF TO NEXT SECTOR, CTLR ASKED IF I HAD RECEIVED ONE HR PRIOR PERMISSION TO OVERFLY ARSA. I ADVISED HIM THAT I HAD NOT. HE TOLD ME IT WAS REQUIRED TO OVERFLY ARSA WITH NO TRANSPONDER. I ASKED FOR PHONE NUMBER TO CALL AFTER LNDG. THIS SECTION OF FAR IS SOMEWHAT CONFUSING. PARAGRAPH 91.215 4II IS FOLLOWED BY PARAGRAPH 91.215 5 WHICH, IF YOU AREN'T PAYING CLOSE ATTN TO PARAGRAPH NUMBERS, SEEMS TO EXEMPT NON-ELECTRICAL SYS ACFT. APCH CTL - TFC PERMITTING - SHOULD BE ALLOWED TO ISSUE PERMISSION FOR OVERFLT OF ARSAS IN THE AIR. THE ONE HR REQUIREMENT IS CUMBERSOME.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.