FAR ninety-one dot one thirteen and the right-of-way rules that decide who turns when two airplanes meet

FAR 91.113 establishes the right-of-way rules that determine who yields when two aircraft meet in the air or on the ground. The regulation covers four key scenarios — head-on, converging, overtaking, and landing — and sets a strict hierarchy based on maneuverability. Every pilot needs to know these rules cold, not just for the checkride, but for the moments when two aircraft are closing fast and there’s no time to think.

What Does “See and Avoid” Actually Require?

The very first thing 91.113 establishes is that right-of-way does not replace responsibility. The opening line states that when weather conditions permit, regardless of whether you are flying IFR or VFR, you must maintain vigilance so as to see and avoid other aircraft.

This means even if you have the right of way, you are still responsible for not hitting the other airplane. Right of way is not the same as right of assumption. You never assume the other pilot knows the rule. You never assume they see you.

Think of it like driving. You might have a green light, but you still look both ways before pulling into an intersection because somebody might run the red. Same principle, except there are no traffic lights and nobody is in a lane.

What Is the Right-of-Way Hierarchy?

91.113 sets up a pecking order based on maneuverability. The less maneuverable you are, the more right of way you get.

1. Aircraft in distress — top priority over all other air traffic, no exceptions
2. Balloons — right of way over everything not in distress
3. Gliders
4. Airships
5. Aircraft towing or refueling another aircraft
6. Powered airplanes and helicopters — bottom of the list

The logic is straightforward. A balloon pilot cannot change heading or add power. A glider has no engine. The more flexibility you have, the more the rules expect you to use it. If you’re flying a Cessna 172 or Piper Cherokee, you give way to every category above you.

How Do You Handle a Head-On Encounter?

When two airplanes approach each other on roughly opposite courses, each aircraft alters course to the right. Both of you. You each turn right, pass on each other’s left side, and continue on your way.

The regulation says “approximately” head-on. You don’t need to be perfectly nose-to-nose. If it looks like traffic is coming roughly at you, turn right. Don’t sit there debating whether your courses are truly reciprocal. Sort out the geometry later.

Who Has the Right of Way When Aircraft Are Converging?

When two aircraft at approximately the same altitude are on crossing paths, the aircraft that has the other on its right side gives way. If you look out your right window and see an airplane, that airplane has the right of way. You alter course, go behind them, climb, descend — whatever it takes.

The universal memory aid: if they’re on your right, they’re right.

A common checkride trap: the examiner asks what happens when you see traffic converging from your left. You have the right of way — but remember the see-and-avoid obligation. Having the right of way does not mean you hold course and expect the other pilot to move. You watch them, you have a plan, and if they’re not turning, you turn.

What Are the Rules for Overtaking Another Aircraft?

If you’re behind another aircraft and closing on them, the aircraft being overtaken has the right of way. Every time. You stay out of their way, pass well clear on either side, and do not cut back in front until you’re well past.

The regulatory definition of overtaking matters: if the other aircraft is within roughly 70 degrees of your nose and you are approaching from behind, that’s an overtake. They probably cannot see you. Assume they cannot. It’s on you to stay clear.

Who Lands First When Two Aircraft Are on Approach?

This scenario generates the most confusion at busy non-towered airports. The rule: the aircraft at the lower altitude has the right of way.

But there’s a critical caveat. You cannot use this rule to cut in front of another aircraft or take advantage of it by diving below someone on final. The regulation specifically prohibits the lower aircraft from cutting in front of or overtaking an aircraft making a straight-in or any other approach.

The rule protects the airplane closest to the ground because it has the least room to maneuver. It does not exist so anyone can game the traffic pattern.

At a towered airport, all of this gets superseded by ATC instructions. 91.113 is your governing authority at non-towered fields and in the open sky.

Pattern Entry vs. Straight-In: Who Has Priority?

A common real-world scenario: you’re on a 45-degree entry to left downwind for runway 27, and another pilot announces a three-mile straight-in final for the same runway. Who has priority?

The regulation does not prefer pattern entries over straight-in approaches. Both are legal at a non-towered field. It comes down to the converging and landing rules — if the straight-in traffic is lower on a normal glide path, they have the right of way under the lower-altitude rule.

The practical answer is communication and cooperation. Make your radio calls, announce your position and intentions, and if it’s tight, one of you extends or does a 360. The regulations provide the framework, but good judgment fills the gaps.

Do Right-of-Way Rules Apply on the Ground?

Yes. 91.113 covers surface operations:

• If you are taxiing and an airplane is on final or about to land, you must give way
• If two aircraft converge while taxiing, the one on the left yields to the one on the right — same principle as in the air
• You cannot take off or taxi onto a runway until you’re sure there’s no conflict with aircraft on final

A common and dangerous mistake at busy practice airports: getting so focused on the runup checklist that you forget to check the final approach path before taxiing onto the runway.

How Do Right-of-Way Rules Apply to Drones?

Unmanned aircraft must give way to manned aircraft. Every time. If you’re flying and a drone is nearby, you have the right of way — but the see-and-avoid obligation still applies. You don’t fly through the drone just because you have priority.

What Does the Examiner Want to Hear?

Examiners typically set up a scenario and ask what you’d do. The strongest answer references the rule and adds the safety layer. For example: “The other aircraft has the right of way because they’re on my right, so I would alter my heading to pass behind them, and I would continue to monitor their position visually.” That demonstrates you know the regulation and you know how to fly.

Key Takeaways

• See and avoid is always your responsibility, regardless of who has the right of way
• The right-of-way hierarchy is based on maneuverability: distress, balloon, glider, airship, towing aircraft, then powered airplanes
• Head-on: both turn right. Converging: yield to traffic on your right. Overtaking: the aircraft ahead has priority. Landing: the lower aircraft wins, but you can’t game it
• Right-of-way rules apply on the ground too — check final before taxiing onto any runway
• Practice identifying which 91.113 scenario applies every time you spot traffic; build the habit before you need it