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ELT question. 91.207(a)(2)

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cashflyer

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My neighbor just got his Acroduster airworthiness in 2013.
He has a 121.5 ELT. The DAR was fine with that.

However, 91.207 states, "after June 21, 1995, an emergency locator transmitter that meets the requirements of TSO-C91 may not be used for new installations".

That looks to me like all of our planes completed after June 21 1995 are required to use 406mhz ELTs.

Was the DAR wrong in his approval of that aircraft/installation?
Or is there some other rule that allows us to still use a 121.5 ELT in a new build?
 

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