SMT DEPARTED MIA WITH INOP TRANSPONDER.

Narrative

I FILED AN IFR FLT PLAN WITH MIAMI FLT SVC FOR A FLT TO MELBOURNE; FL; WITH SECTION 3 ACFT TYPE/SPECIAL EQUIP AIM PARAGRAPH 298 EXPLAINS THAT /B IS DME AND TRANSPONDER; BUT NO ALT ENCODING CAPABILITY. UNDER (4) IT STATES THAT USE OF 'THIS WILL INSURE ATC AWARENESS OF THE PLT'S ABILITY TO NAV POINT TO POINT AND MAY BE UTILIZED TO EXPEDITE THE FLT.' WHEN I CONTACTED MIAMI DEP CTL HE ADVISED RADAR CONTACT AND ASKED FOR ME TO RECYCLE FOR MODE C. I ADVISED THAT I HAD FILED /B AND HE SAID IT DID NOT MAKE ANY DIFFERENCE WHAT I HAD FILED WITH THOSE GUYS AT FLT SVC; THAT I HAD TO HAVE A WAIVER NUMBER OR I WAS IN VIOLATION OF THE 30 MI VEIL. I ASKED WHAT HE WANTED ME TO DO? 'I WANT YOU TO CALL WHEN YOU GET ON THE GND.' I CALLED; AND WAS INFORMED THAT I HAD VIOLATED THE 30 MI VEIL AROUND MIAMI INTL; AND THAT IT WAS THEIR POLICY NOT TO ISSUE WAIVERS EXCEPT WHEN YOU ARE FLYING IN TO HAVE A TRANSPONDER FIXED AND THAT UNTIL THE MODE C IS OPERATING I SHOULD USE AN ARPT OUTSIDE THE 30 MI RADIUS. THIS TIME IT WOULD NOT BE A VIOLATION BUT ONLY A LOGBOOK ENTRY BECAUSE IT WAS THE FIRST TIME. I HAVE RESEARCHED THIS AND FIND THAT IN ADDITION TO THE AIM SECTION QUOTED ABOVE WHERE ATC WILL SUPPOSEDLY BE AWARE; FAR 91.215 (D) (2) STATES THAT ATC MAY AUTHORIZE DEVS FROM PARAGRAPH (B) IMMEDIATELY WITH /B EQUIP. NO MENTION IS MADE OF A WAIVER NUMBER.