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 identifying who has right-of-way, the part of § 91.113 that matters most is paragraph (b). When weather permits, pilots are required to see and avoid other aircraft. That obligation rides above everything else in this rule. Right-of-way does not mean one aircraft may plow ahead and leave the other to sort it out. It means the other pilot is expected to give way — but if they do not, the collision is still attributable to both pilots.

With that established, the converging hierarchy from § 91.113(c) and (d) runs from most right-of-way to least:

A useful mnemonic is "Distress, Balloons, Gliders, Airships, Tow, Power." The logic behind it is maneuverability — a balloon cannot dodge, a glider is energy-managing every second, an airship is sluggish, and a tow ship has another airplane on a line behind it. A powered single-engine airplane has the most options, so it gives way.

Then there are three same-category scenarios:

• Head-on (§ 91.113(e)): Both pilots alter course to the right. Not one of them — both. This is the one applicants 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 that rule cannot be used to cut in front of another aircraft on final.

What an Examiner Asks About § 91.113

This is one of the regulations examiners favor because the answers are short, definite, and easy to grade. Common questions include:

• "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. The airplane gives way and does not pass over, under, or ahead of the glider unless well clear.
• "Two airplanes are approaching head-on. What do you do?"
  Both pilots alter course to the right. § 91.113(e) — it is not a matter of one pilot deciding; it is 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 that cannot be used to cut in front of an aircraft already on final. The higher and faster aircraft extends or goes 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). The overtaken pilot's job is to hold course predictably and keep flying the airplane. That pilot has the right-of-way but is still bound by (b) — see and avoid.

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

Consider an aircraft inbound to a non-towered field. On the CTAF a glider is calling long final, a Cessna is entering base, and the inbound aircraft is on downwind. The sequence works out as follows.

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

Between the downwind aircraft 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, the downwind aircraft extends or does a 360 on downwind, and the glider gets the runway before either of them. Three aircraft, three decisions, all driven by the same rule.

The part the regulation does not state out loud is equally important: legal right-of-way is not the same as smart right-of-way. A pilot who has the right-of-way and asserts it without thinking can still cause a collision. A competent pilot yields even when the rule does not require it — especially when the other aircraft is faster, less maneuverable, or harder to see. The glider pilot cannot go around. The Cessna behind may not see the downwind aircraft. § 91.113(b) — see and avoid — is the rule that survives every scenario. Giving way early and announcing intentions on the radio is what airmanship looks like on a busy day.