Legal Briefing: See and Avoid

As you progress in your training as a student pilot, you will be required to demonstrate to your flight instructor and to the Federal Aviation Administration (FAA) that you know and understand the federal aviation regulations (FARs). (See ?10 Rules You Should Know,? p. 32)

Perhaps most important among these regulations are the General Operating and Flight Rules of FAR Part 91. And perhaps the most fundamental rule governing the operation of an aircraft in flight is the see-and-avoid rule of FAR Part 91.113(b). This rule is so simple that it doesn?t always get the attention it deserves from students and instructors. Here is the formal language of the rule: When weather conditions permit, regardless of whether an operation is conducted under instrument flight rules or visual flight rules, vigilance shall be maintained by each person operating an aircraft so as to see and avoid other aircraft. It is this rule that has every flight instructor harping on student pilots to ?keep your head on a swivel? and ?monitor unicom calls.? The see-and-avoid rule applies to all pilots, from the most experienced airline pilot in the most elaborately equipped airliner to the beginning student pilot in a modestly equipped trainer. And it applies in all types of airspace regardless of the air traffic control services being provided, even when a controller is actively providing separation from other aircraft. Following the see-and-avoid rule is the responsibility of each aircraft operator in every aircraft. It does not matter that another aircraft cut you off in the traffic pattern?the regulations still require you keep a vigilant watch outside your aircraft so as to see and avoid all other aircraft. Perhaps the surest way to bust a checkride, or to make a flight instructor unhappy, is to fail to keep a watchful eye out for other traffic. Of course, that is only the beginning of your responsibilities as a pilot. All pilots are required to know and to adhere to all of the rules in Part 91, many of which are specifically designed to enhance the ability of a pilot to see and avoid other aircraft. Among these rules are ones requiring opposing traffic to fly at different cruising altitudes, specifying certain minimum visibility and cloud clearance levels for flight under visual rules, assigning aircraft rights-of-way, and designating aircraft speed limits. As you study and learn the regulations setting forth pilots? responsibilities for avoiding collisions with other aircraft, remember that FAR 91.113(b) is the fundamental rule that underlies them all. It deserves your attention and understanding.