Regulation Text
(a) General. Each person operating an aircraft on the water shall, insofar as possible, keep clear of all vessels and avoid impeding their navigation, and shall give way to any vessel or other aircraft that is given the right-of-way by any rule of this section.
(b) Crossing. When aircraft, or an aircraft and a vessel, are on crossing courses, the aircraft or vessel to the other's right has the right-of-way.
(c) Approaching head-on. When aircraft, or an aircraft and a vessel, are approaching head-on, or nearly so, each shall alter its course to the right to keep well clear.
(d) Overtaking. Each aircraft or vessel that is being overtaken has the right-of-way, and the one overtaking shall alter course to keep well clear.
(e) Special circumstances. When aircraft, or an aircraft and a vessel, approach so as to involve risk of collision, each aircraft or vessel shall proceed with careful regard to existing circumstances, including the limitations of the respective craft.
Research Notes
Section 91.115 establishes right-of-way rules on the water. It mirrors the structure of § 91.113 but applies to seaplanes and flying boats operating on the surface of water — where they share the operating environment with non-aviation vessels governed by Coast Guard rules.
Paragraph (a) — General: Each person operating an aircraft on the water must conform to maritime right-of-way rules where applicable, AND with the aviation-specific rules in this section.
Paragraph (b) — Crossing courses: When two aircraft (or an aircraft and a vessel) are on crossing courses, the aircraft or vessel on the OTHER'S RIGHT has the right-of-way.
Paragraph (c) — Approaching head-on: Both aircraft must alter course to the RIGHT to keep well clear (mirrors § 91.113 air rule).
Paragraph (d) — Overtaking: The overtaken aircraft (or vessel) has the right-of-way. The overtaking aircraft must alter course to keep well clear.
Paragraph (e) — Special circumstances: Each aircraft operating on water must, insofar as possible, keep well clear of vessels and avoid impeding their navigation. This is the aviation-specific deference rule: the floatplane yields to the working fishing vessel.
Interaction with COLREGS: Coast Guard rules (Navigation Rules — 33 CFR Subchapter E) apply to all vessels including aircraft on water. The pilot operating a floatplane on a water taxiway must comply with BOTH § 91.115 and the COLREGS. Many seaplane water bases are charted and have established traffic patterns; consult AC 91-69A and local seaplane base information.
Reference: FAA-H-8083-23 (Seaplane, Skiplane, and Float/Ski Equipped Helicopter Operations Handbook); USCG Navigation Rules (COLREGS).
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