§ 91.113 Right-of-way rules: Except water operations.

Section 91.113 — right-of-way rules — is one of the most-tested regs on every level of FAA checkride. It establishes the hierarchy of who yields to whom in the air, with one overriding principle: every pilot has the responsibility to see and avoid, regardless of who has the right-of-way.

Paragraph (a) — INCLUSIVELY, the see-and-avoid principle: Notwithstanding all other right-of-way rules, when weather conditions permit, every aircraft must be operated so as to allow vigilance to see and avoid other aircraft. Having the right-of-way is never a license to fly through another aircraft. The PIC of a glider with absolute right-of-way must still see and avoid the airliner with absolute lower priority — and vice versa.

Paragraph (b) — in distress wins: An aircraft in distress has right-of-way over ALL other air traffic. This is absolute. The mayday call is the assertion of priority.

Paragraph (c) — converging hierarchy: When two aircraft are converging at approximately the same altitude (except head-on), the aircraft to the OTHER's RIGHT has the right-of-way. The hierarchy by category: (1) balloons > (2) gliders > (3) airships > (4) airplanes and rotorcraft (which are coequal). Aircraft towing or refueling other aircraft have the right-of-way over all other engine-driven aircraft.

Paragraph (d) — approaching head-on: Both aircraft must alter course to the RIGHT. Not left. Right. This is hard-wired through every certification path because it is unforgiving — if both pilots break right, you separate. If one breaks left, you collide.

Paragraph (e) — overtaking: The aircraft being overtaken has the right-of-way. The overtaking aircraft must alter course to the RIGHT to pass well clear. Pilots are not allowed to overtake by descending or climbing through another aircraft's altitude.

Paragraph (f) — landing: An aircraft on final approach or landing has the right-of-way over other aircraft in flight or on the surface. When two or more aircraft are approaching for landing at the same airport, the aircraft at the LOWER altitude has right-of-way — but the pilot at the lower altitude may not take advantage of this rule to cut in front of another aircraft on final approach.

Paragraph (g) — surface operations on water: See § 91.115 for water operations (separate but parallel structure).

Reference: AIM 5-5-8 on right-of-way and see-and-avoid. FAA-H-8083-25 (PHAK) Chapter 5 on collision avoidance.

The Right-of-Way Hierarchy, Decoded — § 91.113

Before we get to who has right-of-way, let's anchor the part of § 91.113 that matters most: paragraph (b). When weather permits, you are required to see and avoid other aircraft. That obligation rides above everything else in this rule. Right-of-way doesn't mean "I get to plow ahead and the other guy figures it out." It means the other pilot is expected to give way — but if they don't, the collision is still on both of you.

With that out of the way, here's the converging hierarchy from § 91.113(c) and (d), from most right-of-way to least:

A mnemonic that's served my students well: "Distress, Balloons, Gliders, Airships, Tow, Power." The thinking behind it is maneuverability — a balloon can't dodge you, a glider is energy-managing every second, an airship is sluggish, and a tow ship has another airplane on a string behind it. You, in your 172, have the most options, so you give way.

Then there are three same-category scenarios:

• Head-on (§ 91.113(e)): Both pilots alter course to the right. Not one of you — both. This is the one people get wrong on checkrides.
• Overtaking (§ 91.113(f)): The aircraft being overtaken has the right-of-way. The overtaking aircraft alters to the right to pass well clear.
• Landing (§ 91.113(g)): Aircraft on final approach or actually landing have right-of-way over aircraft in flight or on the ground. When two are converging on the runway, the lower aircraft wins — but you cannot use that rule to cut in front of another aircraft on final.

What an Examiner Asks About § 91.113

This is one of the regs examiners love because the answers are short, definite, and easy to grade. Be ready for these four:

• "You're converging with a glider at the same altitude — who has the right-of-way?"
  The glider. Under § 91.113(d), gliders sit above airplanes and rotorcraft in the hierarchy. I give way, and I don't pass over, under, or ahead of it unless I'm well clear.
• "Two airplanes are approaching head-on. What do you do?"
  Both of us alter course to the right. § 91.113(e) — it's not "one of us decides" — it's a mutual obligation.
• "Two airplanes are on final to the same runway. Who has right-of-way?"
  The aircraft at the lower altitude — § 91.113(g). But I can't use that to cut in front of an aircraft already on final. If I'm higher and faster, I extend or go around.
• "You're being overtaken from behind. What's the other pilot's responsibility? What's yours?"
  The overtaking pilot is required to alter course to the right and pass well clear — § 91.113(f). My job is to hold my course predictably and keep flying the airplane. I'm the one with the right-of-way, but I'm still bound by (b) — see and avoid.

Right-of-Way in the Pattern, Under § 91.113

Picture this: you're inbound to a non-towered field. On the CTAF you hear a glider calling long final, a Cessna entering base, and you're on downwind. Walk it through with me.

The glider is highest in the § 91.113(d) hierarchy of those three. It also has fewer options — it's coming down whether anyone likes it or not. So the glider gets right-of-way over both powered airplanes, full stop.

Between you and the Cessna on base, § 91.113(g) governs. The aircraft on final approach has right-of-way over aircraft maneuvering to land. Base sits ahead of downwind in the sequence, so the Cessna lands first, you extend or do a 360 on downwind, and the glider gets the runway before either of you. Three aircraft, three decisions, all driven by the same rule.

Now here's the part the regulation doesn't say out loud, and the part I drill into every student: legal right-of-way isn't the same as smart right-of-way. If you have the right-of-way and you assert it without thinking, you can still hit someone. A competent pilot yields even when the rule doesn't require it — especially when the other aircraft is faster, less maneuverable, or harder to see. The glider pilot can't go around. The Cessna behind you might not see your downwind. § 91.113(b) — see and avoid — is the rule that survives every scenario. Be the pilot who gives way early and tells everyone what you're doing on the radio. That's what airmanship looks like on a busy day.

Throttle On!

The Right-of-Way Hierarchy, Decoded — § 91.113

Before we get to who has right-of-way, let's anchor the part of § 91.113 that matters most: paragraph (b). When weather permits, you are required to see and avoid other aircraft. That obligation rides above everything else in this rule. Right-of-way doesn't mean "I get to plow ahead and the other guy figures it out." It means the other pilot is expected to give way — but if they don't, the collision is still on both of you.

With that out of the way, here's the converging hierarchy from § 91.113(c) and (d), from most right-of-way to least:

A mnemonic that's served my students well: "Distress, Balloons, Gliders, Airships, Tow, Power." The thinking behind it is maneuverability — a balloon can't dodge you, a glider is energy-managing every second, an airship is sluggish, and a tow ship has another airplane on a string behind it. You, in your 172, have the most options, so you give way.

Then there are three same-category scenarios:

• Head-on (§ 91.113(e)): Both pilots alter course to the right. Not one of you — both. This is the one people get wrong on checkrides.
• Overtaking (§ 91.113(f)): The aircraft being overtaken has the right-of-way. The overtaking aircraft alters to the right to pass well clear.
• Landing (§ 91.113(g)): Aircraft on final approach or actually landing have right-of-way over aircraft in flight or on the ground. When two are converging on the runway, the lower aircraft wins — but you cannot use that rule to cut in front of another aircraft on final.

What an Examiner Asks About § 91.113

This is one of the regs examiners love because the answers are short, definite, and easy to grade. Be ready for these four:

• "You're converging with a glider at the same altitude — who has the right-of-way?"
  The glider. Under § 91.113(d), gliders sit above airplanes and rotorcraft in the hierarchy. I give way, and I don't pass over, under, or ahead of it unless I'm well clear.
• "Two airplanes are approaching head-on. What do you do?"
  Both of us alter course to the right. § 91.113(e) — it's not "one of us decides" — it's a mutual obligation.
• "Two airplanes are on final to the same runway. Who has right-of-way?"
  The aircraft at the lower altitude — § 91.113(g). But I can't use that to cut in front of an aircraft already on final. If I'm higher and faster, I extend or go around.
• "You're being overtaken from behind. What's the other pilot's responsibility? What's yours?"
  The overtaking pilot is required to alter course to the right and pass well clear — § 91.113(f). My job is to hold my course predictably and keep flying the airplane. I'm the one with the right-of-way, but I'm still bound by (b) — see and avoid.

Right-of-Way in the Pattern, Under § 91.113

Picture this: you're inbound to a non-towered field. On the CTAF you hear a glider calling long final, a Cessna entering base, and you're on downwind. Walk it through with me.

The glider is highest in the § 91.113(d) hierarchy of those three. It also has fewer options — it's coming down whether anyone likes it or not. So the glider gets right-of-way over both powered airplanes, full stop.

Between you and the Cessna on base, § 91.113(g) governs. The aircraft on final approach has right-of-way over aircraft maneuvering to land. Base sits ahead of downwind in the sequence, so the Cessna lands first, you extend or do a 360 on downwind, and the glider gets the runway before either of you. Three aircraft, three decisions, all driven by the same rule.

Now here's the part the regulation doesn't say out loud, and the part I drill into every student: legal right-of-way isn't the same as smart right-of-way. If you have the right-of-way and you assert it without thinking, you can still hit someone. A competent pilot yields even when the rule doesn't require it — especially when the other aircraft is faster, less maneuverable, or harder to see. The glider pilot can't go around. The Cessna behind you might not see your downwind. § 91.113(b) — see and avoid — is the rule that survives every scenario. Be the pilot who gives way early and tells everyone what you're doing on the radio. That's what airmanship looks like on a busy day.

Throttle On!