Does a straight-in approach give you the right of way over traffic in the pattern?

Not automatically. Under FAR 91.113(g), the aircraft at the lower altitude has the right of way when both are on approach to land. The AIM recommends avoiding straight-in approaches when pattern traffic is present because they reduce visibility and predictability for all pilots involved.

What should I do if I have the right of way but the other pilot isn't yielding?

Maneuver to avoid. Paragraph A of 91.113 requires every pilot in command to see and avoid other aircraft regardless of right-of-way status. Right of way is a framework for orderly traffic flow, not permission to hold course into a conflict.

How do I remember the right-of-way hierarchy for the checkride?

Think in terms of maneuverability. The less control an aircraft has, the more right of way it gets. Balloons can barely steer, gliders have no engine, airships are slow — powered airplanes with full control authority yield to all of them. Aircraft in distress always come first.

Does the right-of-way rule for converging aircraft apply at towered airports?

At towered airports, ATC instructions override the general right-of-way rules. Pilots must follow controller instructions for sequencing and separation. FAR 91.113 primarily applies when pilots are responsible for their own separation, such as at uncontrolled fields or in uncontrolled airspace.

FAR ninety-one dot one thirteen and the right-of-way rules that could save your life in the traffic pattern

FAR 91.113 establishes the right-of-way rules every pilot must know, but applying them in the traffic pattern is far more nuanced than answering a multiple-choice question. The regulation creates a clear hierarchy — aircraft in distress first, then balloons, gliders, airships, powered aircraft, and finally towing aircraft — built on a simple principle: the less maneuverable an aircraft is, the more right of way it has. But the most critical line in the entire regulation is the one most pilots gloss over: regardless of who has the right of way, every pilot in command is responsible for seeing and avoiding other aircraft.

What Is the Right-of-Way Hierarchy Under FAR 91.113?

The regulation establishes a specific pecking order that examiners expect you to know cold for the private pilot checkride.

Aircraft in distress hold absolute priority over everything. An airplane that has declared an emergency — engine failure, fire, any life-threatening situation — gets to go where it needs to go. Everyone else yields. No exceptions.

Below that, the categories rank by maneuverability:

Balloons — right of way over all non-emergency aircraft
Gliders — yield only to balloons
Airships — yield to balloons and gliders
Powered aircraft and rotorcraft — yield to all of the above
Aircraft towing or refueling — yield to everything

The logic makes the list easy to remember without rote memorization. A balloon has virtually no steering capability. A glider has no engine. An airship is slow and unwieldy. A powered airplane has full control authority and an engine to go around. The more options you have, the more responsibility you carry to get out of the way.

Who Has the Right of Way When Two Airplanes Converge?

This is the scenario most pilots actually encounter. Two powered aircraft at the same altitude, flight paths crossing. Paragraph D of 91.113 gives the answer: the aircraft on the right has the right of way.

The practical challenge is determining who is “on the right” from inside the cockpit, where there is no bird’s-eye view.

If you see traffic out your right-side window and it is not moving in your field of view, that aircraft is on a collision course and has the right of way. Alter course to pass behind it — turn right, slow down, or descend. Do whatever it takes, but yield.

If you see traffic out your left-side window holding steady, you technically have the right of way. But Paragraph A still applies. Watch that aircraft. Be ready to avoid. Never assume the other pilot sees you or knows the rules.

What Do You Do in a Head-On Encounter?

Paragraph E is straightforward: when two aircraft approach head-on or nearly head-on, both pilots alter course to the right. You pass left-to-left, the same way cars pass on American roads.

True head-on encounters are rare, but near head-on situations — where another aircraft drifts a few degrees off your nose — happen more often. The instinct to freeze or guess which way the other pilot will turn is dangerous. Just turn right. If both pilots follow the rule, separation is clean. If both try to improvise, the result can be catastrophic.

How Does Right of Way Work When Overtaking?

Paragraph F states that when overtaking another aircraft, the aircraft being overtaken has the right of way. The overtaking pilot must alter course to the right to pass.

The regulation defines overtaking as approaching from behind, within an angle of 70 degrees from the tail of the other aircraft. If you are in that zone, the responsibility to pass safely is entirely yours.

This applies most often on cross-country flights when a faster aircraft catches a slower one, though it can occur in the pattern as well.

Who Goes First When Two Aircraft Are Landing at an Uncontrolled Airport?

This is where 91.113 generates the most real-world confusion. Paragraph G establishes that when two aircraft are on approach to land, the aircraft at the lower altitude has the right of way. The reasoning is that the lower aircraft is typically closer to landing and has fewer maneuvering options.

There is an important limitation: a pilot shall not take advantage of this rule to cut in front of or overtake another aircraft on final approach. Diving below another airplane to claim priority is not what the regulation intends.

The classic scenario that causes friction at uncontrolled fields: a Cessna flying the full traffic pattern while a Bonanza calls a five-mile straight-in to the same runway. Under the regulation, neither pilot is technically wrong. But the situation creates unnecessary complexity — the pattern pilot doesn’t know whether to extend the downwind, execute a 360, or continue.

The Aeronautical Information Manual (AIM) recommends avoiding straight-in approaches when traffic is in the pattern. This is a recommendation, not a regulation, but the reasoning is sound. Flying the full pattern makes your position and intentions visible to everyone. A straight-in approach makes you invisible until final, where geometry is tight and options are limited.

What About Right of Way on the Ground?

Paragraph C covers surface operations. Aircraft on the ground must yield to aircraft taking off or landing — the airplane in the air has fewer options.

For taxiing aircraft, the same right-side rule applies: when two aircraft are taxiing toward each other, the one on the right has the right of way. Aircraft exiting the runway always have priority over those taxiing on the surface.

Why Does Paragraph A Matter More Than the Entire Hierarchy?

Paragraph A is the foundation that supports everything else: regardless of any right of way, every pilot in command shall see and avoid other aircraft.

Right of way does not mean right to stop scanning. It does not mean you can fly your path and assume the other pilot will move. Both pilots are always responsible for avoiding a collision.

Think of it like a green light at an intersection. If someone runs the red, you still have to hit the brakes. Having the right of way does not protect you from a midair collision. Physics does not care about regulations.

The number one midair collision scenario in general aviation is two aircraft in the traffic pattern at an uncontrolled airport. Not jets at flight levels — Cessnas and Pipers at 1,000 feet AGL on a clear Saturday morning. The right-of-way rules, combined with standard traffic pattern procedures, are what prevent these collisions.

What Will the Examiner Ask About 91.113 on the Checkride?

The Airman Certification Standards (ACS) for the private pilot checkride list this regulation under the aeromedical and regulatory knowledge area. Expect your examiner to ask about the right-of-way hierarchy during the oral exam.

They are not just looking for a recited list. They want to know why the hierarchy exists: predictability and collision avoidance. The rules create a shared framework between pilots who may not be on the same frequency, may not be able to communicate, and might not see each other until the last moment. When everyone follows the same rules, behavior becomes predictable. Predictability prevents midair collisions.

Key Takeaways

Always yield to less maneuverable aircraft. The hierarchy — balloon, glider, airship, powered aircraft — is built on the principle that fewer options mean more priority. Aircraft in distress override everything.
When two powered airplanes converge, the one on your right goes first. If traffic is holding steady in your right window, you need to move.
Head-on encounters: both pilots turn right. Don’t hesitate, don’t improvise, don’t try to read the other pilot’s mind.
At uncontrolled airports, fly the full pattern, make your radio calls, and prioritize predictability. Right of way is the backup plan — your eyes and your radio are the first line of defense.
Paragraph A overrides everything. No matter who technically has the right of way, see and avoid is every pilot’s responsibility at all times.