Right of Way (Aviation Rules)

Right-of-way rules, codified in 14 CFR Part 91.113, govern interactions between aircraft to ensure safety, with aircraft in distress having priority and pilots having a primary responsibility to see and avoid other aircraft.
Key Right-of-Way Rules
General Vigilance
Pilots are responsible for maintaining vigilance and avoiding collisions, regardless of whether they are flying under instrument or visual flight rules.
Aircraft in Distress
An aircraft in distress has the right-of-way over all other aircraft.
Head-on Approach
When approaching head-on or nearly so, each aircraft must alter its course to the right to keep clear.
Overtaking
The aircraft being overtaken has the right-of-way, and the overtaking aircraft must alter its course to the right and keep clear.
Converging Aircraft
When two aircraft are converging at approximately the same level, the aircraft that has the other on its right shall give way.
Landing
The aircraft at a lower altitude has the right-of-way when approaching for landing, but this does not permit cutting in front of an aircraft on final approach.
Other Aircraft Types
- Balloons: Balloons have the right-of-way over all other aircraft (except those in distress).
- Gliders: Gliders have the right-of-way over airships, powered parachutes, weight-shift-control aircraft, airplanes, powered-lifts, and rotorcraft.
- Airships: Airships have the right-of-way over powered parachutes, weight-shift-control aircraft, airplanes, powered-lifts, and rotorcraft.
- Towing or Refueling: An aircraft towing or refueling another aircraft has the right-of-way over all other engine-driven aircraft.
Small UAS
Small unmanned aircraft systems (sUAS) must yield the right-of-way to all aircraft, airborne vehicles, and launch and reentry vehicles.
Historical Context
- The FAA's right-of-way rules evolved from the "see and avoid" concept, emphasizing the responsibility of pilots to maintain situational awareness and avoid collisions.
- The rules also reflect the maneuverability limitations of different aircraft types, with less maneuverable aircraft having the right-of-way in certain situations.
- The FAA continues to refine these rules, particularly in response to the growing presence of unmanned aircraft systems (UAS) and the need for safe integration of these systems into the airspace.