Rules of the Air: Right of Way

Medium4 min readAir Law
Moderately Examined
Why this matters

Understanding and applying right of way rules is essential for pilots to prevent mid-air and ground collisions, especially in busy or uncontrolled environments where visual separation is critical.

The rules of the air: right of way define which aircraft has priority in various situations, both in flight and on the ground. These rules ensure safe separation and prevent collisions by establishing clear responsibilities for pilots when aircraft paths intersect or converge.

Quick Check

When two aircraft of the same category are converging at approximately the same altitude, which has the right of way?

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    Explanation

    General Principles

    Right of way aviation rules are designed to prevent collisions by assigning priority to certain aircraft in specific situations. The pilot who does not have right of way must take positive action to avoid the other aircraft, maintaining safe separation and never passing above, below, or ahead unless well clear.

    In-Flight Right of Way

    • Converging Courses: When two aircraft are converging at similar altitudes, the aircraft that sees the other on its right must give way. This is often summarized as "the aircraft on the right is in the right."
    • Head-On Approaches: Both aircraft should alter course to the right to avoid each other.
    • Overtaking: The overtaken aircraft has right of way. The overtaking aircraft must pass to the right and remain well clear until safely past. This applies regardless of altitude.
    • Hierarchy of Aircraft: Power-driven heavier-than-air aircraft must yield to airships, gliders, and balloons. Airships yield to gliders and balloons; gliders yield to balloons. Any aircraft towing another has right of way over powered aircraft.
    • Landing: Aircraft on final approach or landing have priority over those in flight or taxiing. Among multiple landing aircraft, the lower one has right of way, but must not cut in front of another on final. Aircraft landing in an emergency always have absolute priority.

    On the Ground

    • Taxiing and Overtaking: The aircraft being overtaken on the ground retains right of way. The overtaking aircraft must ensure safe clearance.
    • Unprepared Surfaces: When operating on grass or non-runway surfaces, aircraft landing or taking off must pass to the right of others already on the surface.

    Special Cases

    • Impaired Manoeuvrability: If an aircraft’s ability to manoeuvre is restricted, all others must yield regardless of standard right of way rules.

    These collision avoidance rules are fundamental to safe airmanship and are strictly enforced in both controlled and uncontrolled airspace.

    The essentials

    Key Points

    The aircraft on the right has right of way in converging situations at similar altitude.
    Both aircraft must turn right to avoid a head-on collision.
    The overtaken aircraft always has right of way; the overtaking aircraft must keep clear.
    Landing aircraft and those on final approach have priority over others.
    Lower aircraft on approach have right of way, but must not cut in front of another on final.
    Aircraft with impaired manoeuvrability always have priority.
    Power-driven aircraft must yield to airships, gliders, balloons, and towing aircraft.
    Watch out

    Exam Traps & Typical Mistakes

    Assuming ATC clearance overrides right of way rules—it does not.
    Forgetting that the aircraft on your right has right of way in a converging situation.
    Believing the overtaking aircraft has right of way—it never does.
    Thinking the lower aircraft can cut in front of another on final approach—this is not allowed.
    Overlooking the special priority for aircraft with restricted manoeuvrability or those landing in an emergency.
    Test yourself

    Example Exam Questions

    Question 2Easy

    What action must both pilots take when approaching each other head-on at the same altitude?

    Question 3Easy

    During an overtaking situation in flight, who has the right of way?

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