Legal Briefing

All pilots have an important responsibility under the "General Operating and Flight Rules" of Part 91 of the federal aviation regulations (FARs) to "see and avoid" other aircraft. The basic rule is FAR 91.113(b). There are a number of other rules in Part 91 that assist pilots in anticipating where other aircraft may be and that direct pilots how to fly in a manner that can help to keep them separated from other aircraft. For example, the rule on VFR cruising altitudes helps pilots anticipate where opposing cruising traffic should be.

Now let's look at another rule that helps keep aircraft separated. Here's the scenario. You are maintaining the proper scan outside the aircraft, and your vigilance has paid off-you've spotted a potential conflict. Now that you've seen the other aircraft, what, if anything, must you do to avoid it? The answer, in most cases, is found in FAR 91.113(c) to (g), under the "right of way rules, except water operations." (The right of way rules for water operations are covered in a separate section, FAR 91.115.)

These particular rules address several situations and assign the right of way to an aircraft in each. When the rules give another aircraft the right of way, "the pilot shall give way to that aircraft and may not pass over, under, or ahead of it unless well clear." Let's look at the traffic situations described in the rule:

In distress: An aircraft in distress has the right of way over all other air traffic. So, if you see an aircraft not honoring your right of way, it could be experiencing an emergency. This is one important reason why, even if you think that you have the right of way, you may not want to take advantage of it. On the other hand, if you are the one experiencing an emergency, don't hesitate to disregard these rules to the extent necessary to cope with the emergency.

Converging aircraft of the same category: When aircraft of the same category are converging at the same altitude, the aircraft to the right has the right of way.

Converging aircraft of different categories: When aircraft of different categories converge, the less maneuverable aircraft has the right of way. That is, a balloon has the right of way over any other category of aircraft, a glider has the right of way over any airship, airplane, or rotorcraft, and an airship has the right of way over an airplane or rotorcraft. An aircraft towing or refueling other aircraft, it has the right of way over all other engine-driven aircraft.

Approaching head-on: When aircraft are approaching each other head-on, or nearly so, the pilot of each aircraft must alter course to the right.

Overtaking: An aircraft that is being overtaken has the right of way, and the pilot of the overtaking aircraft must alter course to the right to pass well clear.

Landing: An aircraft that is on final approach to land or is landing has the right of way over other aircraft in flight or on the surface. However, the rule specifically provides that a pilot shall not force an aircraft off the runway.

Approaching an airport to land: When two or more aircraft are approaching an airport for landing, the aircraft at the lower altitude has the right of way. Again, the rule warns that a pilot shall not take advantage of this rule to cut in front of another aircraft.

Obviously, these rules don't cover every possible traffic situation. In other circumstances, a pilot must exercise judgment consistent with the intent of these right of way rules. Therefore, it is important for all pilots to understand when and how these rules are meant to apply. Following them is one more way to ensure your safety in the air.