FAR Ninety-One Point One Thirteen, the Right-of-Way Hierarchy Every Student Recites for the Written Test, and the Converging Rule That Has a Textbook Answer and a Harder One in Real Life

Midair collisions happen in clear weather, in daylight, in VMC conditions - not because pilots have never heard of FAR 91.113, but because they learned it well enough to pass the written test and can’t retrieve it in the first three seconds of a closure rate. This regulation is a coordination protocol: a silent language between two pilots who may never talk to each other. Understanding the logic behind it, not just the list, is what makes it usable in the cockpit.

Why Does FAR 91.113 Exist?

When two aircraft are converging and no controller is available to sequence them, there must be a shared system that communicates - without any radio exchange - who defers and who continues. FAR 91.113 is that system.

The regulation’s opening language is worth noting: “Each pilot of an aircraft shall, so far as possible, observe and abide by the right-of-way rules.” The phrase “so far as possible” matters. It acknowledges that rules cannot anticipate every situation, and that pilot judgment steps in when rigid compliance would create a worse outcome than the conflict the rule was designed to prevent.

What Is the Right-of-Way Hierarchy?

The regulation is organized by priority. First comes need, then category.

An aircraft in distress has the right of way over all other aircraft. No conditions, no exceptions. If an aircraft is flying erratically, issuing a Mayday, or otherwise clearly in trouble, every other aircraft yields. This one requires no memorization - it’s intuitive.

The category hierarchy, in priority order, is:

1. Balloons
2. Airships
3. Gliders
4. Powered aircraft

The logic behind this order is maneuverability. A balloon cannot steer - it goes where the wind takes it. An airship has limited directional authority. A glider cannot add power to change its energy state or escape a developing conflict. A powered airplane can climb, descend, turn, and accelerate simultaneously. The more options an aircraft has, the more of the burden falls on its pilot to use them.

This is not an arbitrary list. It is a ranking by constraint. Memorize the logic and the list follows naturally.

What About Specific Situations That Catch Pilots Off Guard?

A question that appears on the written test: does a powered airplane give way to a glider being towed by another powered airplane? Yes. The towing configuration does not change the category. A powered airplane gives way to a glider in tow.

Aircraft operating under FAR Part 103 (ultralights) are treated as powered aircraft for most right-of-way purposes.

Who Has Right of Way When Landing?

An aircraft on final approach or while landing has the right of way over aircraft in flight or on the surface. When two or more aircraft are approaching to land simultaneously, the aircraft at the lower altitude has the right of way.

The regulation adds an immediate caveat: the lower aircraft shall not take advantage of that rule to cut in front of another aircraft already on final approach. You cannot be at mid-pattern altitude, spot a faster airplane on a two-mile final, claim lower altitude priority, and squeeze in front. That is explicitly prohibited by the same sentence that grants the priority. The rule provides protection - not a tactical weapon.

Helicopters approaching an airport where fixed-wing traffic is operating shall, so far as practicable, avoid the flow of fixed-wing traffic. Because helicopters have far more landing options - off-runway, off-pavement, spots an airplane cannot reach - they carry more responsibility to work around fixed-wing constraints.

How Do I Handle a Converging Aircraft?

When two aircraft of the same category are converging at roughly the same altitude - neither head-on nor overtaking - the aircraft on the right has the right of way.

Applied in the cockpit:

• Aircraft closing from your right: they have the right of way. You give way by turning right, moving yourself out of their path.
• Aircraft closing from your left: you have the right of way. They should yield.

The most common error in converging situations: when stress builds and the other aircraft fills more of the windscreen, pilots sometimes turn toward the aircraft on the right rather than away from it. Turning right when the threat is on the right moves you away from them - it does not move you into them. The direction of the maneuver is away from the conflict.

A practical default for high-workload situations: when you see a converging aircraft and are not immediately certain of the geometry, turn right. Either you are exercising your right of way and creating separation, or you are yielding and creating separation. The outcome - more room - is the same either way.

What Do I Do in a Head-On Situation?

When two aircraft are approaching head-on or nearly so, both pilots alter course to the right simultaneously. Both aircraft turn right, and they pass left side to left side.

The reason both aircraft act at the same time rather than waiting to react to the other pilot’s choice is closure rate. At two aircraft each doing 150 knots, the closure rate is 300 knots - roughly 450 feet per second. There is no time to wait and react. The rule builds in simultaneous, predictable action. When you see a head-on aircraft, you turn right immediately.

Who Yields When Overtaking Another Aircraft?

The aircraft being overtaken has the right of way. The faster aircraft has more energy and more options, so it carries the responsibility to yield. The overtaking aircraft alters course to the right, keeping the overtaken aircraft on the left during the pass. This keeps both aircraft in view and prevents tracking across the other pilot’s nose.

Overtaking is defined as approaching from the rear within 30 degrees of the other aircraft’s longitudinal axis - roughly within 15 degrees of tail centerline on either side. If you are in that zone and closing, you are overtaking. Give way. Get right.

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

Yes. FAR 91.113 applies when aircraft are operating on the surface of water, with the same rules mirroring the airborne ones: head-on approaches mean both aircraft turn right, converging gives priority to the aircraft on the right, and overtaking gives right of way to the aircraft being passed.

Floatplane and amphibious operations add complexity: aircraft on the water also interact with vessel traffic, and the International Regulations for Preventing Collisions at Sea can come into play. If you fly floats or an amphib, right-of-way knowledge does not stop at the shoreline.

Why Do Midair Collisions Still Happen When These Rules Exist?

The right-of-way rules require a three-part chain: both pilots must know the rules, apply them correctly, and react fast enough for a maneuver to actually matter. If any link fails, the rules protect no one.

The NTSB database on midair collisions is consistent: a significant percentage occur in clear visual conditions, in daytime, in good weather, with traffic advisories available. These are not accidents caused by bad conditions. They happened because one or both pilots did not see the other aircraft early enough - or saw them and assumed the situation would resolve itself.

FAR 91.113 itself begins with the responsibility of each pilot to maintain vigilance so as to see and avoid other aircraft. The right-of-way rules determine who defers once two aircraft see each other. They cannot function if neither aircraft spotted the other in time.

The practice area, the pattern, and the final approach corridor are where scan discipline matters most - not the en-route cruise phase where the sky feels large and empty.

How Does ADS-B Fit Into See-and-Avoid?

ADS-B In is a genuine tool. It will surface traffic your visual scan might miss. Know its limits: aircraft without ADS-B Out are invisible to it, and the display has latency. Use it as a supplement to your visual scan - not a replacement for it. The regulation says see and avoid. The avionics help you see. The avoiding remains yours to execute.

Instrument training habits cross over directly: breaking fixation on the panel, using peripheral vision deliberately, scanning before leveling off. These are the same underlying skills that build better see-and-avoid performance. Train them in both directions.

What Will the Examiner Test on the Practical?

The Airman Certification Standards expect you to know FAR 91.113 cold. Expect questions on:

• The category hierarchy (balloon, airship, glider, powered)
• Converging (aircraft on the right has right of way)
• Head-on (both turn right)
• Overtaking (overtaken aircraft has right of way; overtaking aircraft goes right)
• Landing priority (lower altitude has right of way; cannot cut in front of established traffic)

The examiner will also watch your eyes during the flight portion. Active outside scanning, calling traffic, and maintaining a picture of who else is in your airspace are observable behaviors. The regulation assumes you will see the other aircraft. Your job is to make that assumption reliable.

Key Takeaways

• The right-of-way hierarchy is built on maneuverability: the more options your aircraft has, the more responsibility you carry.
• In converging situations, the aircraft on the right has the right of way; yield by turning right - away from the threat, not toward it.
• Head-on encounters require both aircraft to turn right simultaneously; closure rates are too high to wait and react.
• Landing priority goes to the lower aircraft, but that priority cannot be used to cut in front of an aircraft already established on final.
• Right of way does not stop metal. If the other pilot isn’t yielding and you have room, you maneuver regardless of who is technically correct.