Who has the right of way when a glider and a balloon are on a collision course?

The balloon has the right of way. Under FAR 91.113, balloons are higher in the hierarchy than gliders because they have less ability to maneuver.

Does the pilot with the right of way still need to avoid a collision?

Yes. The see-and-avoid obligation applies to every pilot at all times, regardless of right-of-way status. Having priority does not relieve you of the responsibility to take action if needed.

Which direction do you pass when overtaking another aircraft?

The overtaking pilot must alter course to the right to pass. You must remain clear of the other aircraft until you are entirely past and well clear.

Can I descend below another aircraft on final to claim right of way?

No. While the lower aircraft on approach has the right of way, the regulation explicitly prohibits using this rule to cut in front of or overtake another aircraft on final.

Do helicopters have right-of-way priority over airplanes?

No. Helicopters and airplanes are in the same category under 91.113 and follow the same converging, head-on, and overtaking rules. The priority hierarchy only distinguishes between categories like balloons, gliders, and airships.

FAR ninety-one point one thirteen and the right-of-way rules that keep you from trading paint at three thousand feet

FAR 91.113 establishes the right-of-way rules that prevent midair collisions in the National Airspace System. While most student pilots memorize “aircraft on the right has the right of way,” the regulation covers far more ground, including a hierarchy based on maneuverability, specific rules for head-on and overtaking situations, and critical landing priorities. Understanding the full picture is essential for both the checkride and every flight that follows.

What Does “See and Avoid” Actually Mean?

The very first sentence of 91.113 states that vigilance shall be maintained by each person operating an aircraft so as to see and avoid other aircraft. This isn’t a suggestion. It means that regardless of who technically has the right of way, every pilot is responsible for keeping eyes outside and avoiding a collision.

Right of way does not mean right to stop looking. The pilot who has priority still has to see the traffic and still has to take action if the other pilot doesn’t move. Think of it like driving: you might have the green light, but if someone runs the red, you still hit the brakes.

What Is the Right-of-Way Hierarchy?

When different categories of aircraft are converging, 91.113 establishes a pecking order based on one simple principle: the less maneuverable the aircraft, the more right of way it gets.

From highest to lowest priority:

Aircraft in distress — everyone yields, no exceptions
Balloons — virtually no ability to maneuver; the pilot can go up or down, but horizontal movement depends entirely on the wind
Gliders — no engine means no go-around capability
Airships — big, slow, and not nimble
Aircraft towing or refueling other aircraft — reduced maneuverability from the tow or connection
Airplanes and helicopters operating normally — the bottom of the priority list

The memory trick: don’t memorize this as a random sequence. Think in terms of maneuverability. The thing that can steer the least gets the most right of way.

Who Has the Right of Way When Two Aircraft Are Converging?

When two aircraft are approaching each other at roughly the same altitude and their paths will cross, the aircraft on the right has the right of way. If you look out your right-side window and see traffic, that airplane has priority. You need to give way by turning, climbing, descending, or some combination — the key is not to fly through the other aircraft’s flight path.

The quick reference: if you can see the other airplane out your right window, you yield. If the traffic is on your left, the other pilot should be yielding to you. But the see-and-avoid obligation never stops, even when you have the right of way.

What Do You Do in a Head-On Situation?

When two aircraft are coming straight at each other, both pilots alter course to the right. It doesn’t matter who’s bigger, faster, or who was there first. Each aircraft turns right.

This scenario demands extra vigilance because head-on traffic is the hardest to spot. There’s almost no relative motion — it just looks like a speck on the windshield that’s slowly getting bigger.

What Are the Rules for Overtaking Another Aircraft?

If you’re faster than the airplane ahead of you and closing from behind, the aircraft being overtaken has the right of way. The overtaking pilot must alter course to the right to pass — not to the left. You must stay clear until you are entirely past and well clear of the other aircraft.

This applies to airplanes, helicopters, and all other aircraft. If you’re catching up to someone, the burden is entirely on you to stay out of their way.

How Does Right of Way Work During Landing?

An aircraft on final approach or landing has the right of way over all other aircraft in flight or operating on the surface. If you’re taxiing and someone is on short final, you don’t cross the runway. If you’re in the pattern and someone is on final, you don’t cut them off.

There’s an important nuance when two aircraft are both approaching to land: the aircraft at lower altitude has the right of way. However, the regulation explicitly states that the lower aircraft shall not take advantage of this rule to cut in front of or overtake the other aircraft. Diving below someone on final to claim priority and steal the runway is both poor airmanship and a regulatory violation.

Do Helicopters Get Special Right-of-Way Priority?

No. There is no special right-of-way priority between helicopters and airplanes under 91.113. They are treated the same. If a helicopter is converging with an airplane, the one on the right has the right of way, just like two airplanes converging.

The hierarchy only applies between different categories — balloons, gliders, airships, and so on. Helicopters and airplanes occupy the same tier.

What About Flying Close to Other Aircraft and Formation Flight?

91.113 includes a catchall provision: no person may operate an aircraft so close to another aircraft as to create a collision hazard. Even if every right-of-way rule is technically followed, dangerously close proximity is a violation.

Formation flight gets specific restrictions:

All pilots in command must arrange it beforehand
No passenger-carrying flights for hire may be conducted in formation
No formation flight in Class Bravo airspace

How Does This Apply in the Traffic Pattern?

Consider a common scenario at a non-towered airport: you’re on left downwind for runway 27 and spot another airplane entering on a midfield crosswind, converging from your right. Technically, the converging rule says the aircraft on the right has priority.

But the traffic pattern demands judgment beyond the bare regulation. Both aircraft are trying to land at the same airport. Good airmanship means communicating on frequency, extending the downwind if needed, and working it out cooperatively. The regulation gives the framework, but situational awareness and communication fill the gaps.

Key Takeaways

See and avoid is always your primary responsibility, regardless of who has the right of way
The hierarchy is based on maneuverability: emergency, balloon, glider, airship, towing aircraft, then everyone else
Converging: aircraft on the right has priority. Head-on: both turn right. Overtaking: pass to the right
Landing aircraft at lower altitude get priority but cannot cut in front of other traffic
Never fly close enough to another aircraft to create a collision hazard, and never fly formation without prior arrangement

For checkride preparation, read 14 CFR 91.113 in full. The Airman Certification Standards expect pilots to understand these rules and apply them to realistic scenarios — not just recite them from memory.