Ninety-One One Thirteen, the Right-of-Way Rules, and Who Yields When Two Airplanes Meet Over Ripon

When two aircraft meet in flight, Federal Aviation Regulation 91.113 decides who yields. In short: an aircraft in distress always has the right-of-way, the less maneuverable aircraft wins over the more maneuverable one, and when two same-category airplanes meet, geometry takes over - the aircraft on the right has the right-of-way when converging, both pilots turn right when head-on, and the overtaking aircraft passes well clear to the right. But no rule ever overrides see and avoid: having the right-of-way is a duty to be predictable, not permission to hold your course into someone.

This week, hundreds of pilots are answering that exact question in real time over Ripon, Wisconsin, on the Fisk arrival into EAA AirVenture at Oshkosh - the busiest stretch of sky in the world, and the best classroom in the country for learning who yields to whom.

What does FAR 91.113 actually say about right-of-way?

The right-of-way rules aren’t really about who gets to keep flying straight. They exist to give both pilots a shared script, so that in the half-second you have to decide, you both move the right way instead of both jinking the same direction and making it worse.

Think of two people walking toward each other in a hallway. Both step left, they collide. Step, counter-step, step, counter-step. It’s almost funny on foot. It is not funny at 100 knots. The regulation removes the guesswork by assigning the moves in advance.

Does having the right-of-way mean I can hold my course?

No - and this is the single most important point in the entire regulation. FAR 91.113(b) says that when weather permits, regardless of whether you’re operating under IFR or VFR, every pilot must maintain vigilance to see and avoid other aircraft.

Read that again: regardless of who has the right-of-way. The right-of-way rules tell you who should yield. They never give you permission to fly into somebody.

Examiners test exactly this. If you say on your checkride, “I had the right-of-way, so I held my course into him,” you’ve missed the point of the whole rule. Having the right-of-way is a responsibility to be predictable - not a license to be stubborn.

Which aircraft has the right-of-way over others?

Below “see and avoid,” there’s a clear pecking order, based mostly on how maneuverable each aircraft is. The logic is simple and fair: the aircraft that can do the least about its situation gets the right-of-way, and the one that can most easily maneuver has to give way.

At the very top sits the aircraft in distress - anyone having an emergency has the right-of-way over all other air traffic, full stop.

Below that, the order runs from least maneuverable to most maneuverable:

• Balloons - a balloon goes where the wind goes. It can climb and descend, and that’s about it. Everybody yields to the balloon.
• Gliders - no engine, trading altitude for time. Gliders yield to balloons, but everything else yields to gliders.
• Aircraft towing or refueling - a banner tow or a tug pulling a glider is clumsy and connected. It yields to balloons and gliders, but powered airplanes and rotorcraft yield to it.
• Airships (blimps) - an airship gives way to gliders, balloons, and tow operations, but a powered airplane gives way to an airship, because the airship is bigger and less nimble than a light single.
• Powered airplanes, helicopters, powered parachutes, and weight-shift-control aircraft - the most maneuverable group, and most of us. The Cessna 172, the Piper Cherokee, the RV in the pattern. We yield to everyone above us, because we’ve got an engine, controls, and the ability to turn, climb, or descend to make room.

Memorize the order and you’ll never have to guess: least maneuverable wins.

Who has the right-of-way when two airplanes are converging?

Here’s the practical truth: about 95% of your real-world decisions are airplane meeting airplane - same category, both able to maneuver. The maneuverability ladder doesn’t help when you’re on the same rung. That’s where the geometry rules take over. There are three: converging, head-on, and overtaking.

Converging: When two aircraft of the same category are on courses that cross, the aircraft to the other’s right has the right-of-way.

Picture yourself in the left seat. If traffic is converging from your right, he has the right-of-way - you give way. If traffic is converging from your left, you are the airplane on his right, so you have the right-of-way: hold your course and speed predictably, and keep watching him like a hawk.

The memory trick: it’s the same as a four-way stop. The driver on your right goes first. Right has the right.

One wrinkle: if the two aircraft are different categories, the maneuverability ladder wins and beats the right-hand rule. A powered airplane converging with a glider yields to the glider no matter which side it’s on. The right-hand rule is for same-category encounters.

What do I do in a head-on situation?

When two aircraft are approaching head-on or nearly so, each pilot alters course to the right. Both of you - not one.

You turn right, he turns right, and you slide past each other left wingtip to left wingtip, drifting apart. Nobody has the right-of-way in a head-on; it’s shared, and everybody moves right.

Why right? Because it’s a convention, just like the road, and a shared convention is the whole point. When you see something coming straight at you and you’re not sure of the angle, turn right - you’ll very rarely be wrong.

Who yields when I’m overtaking a slower airplane?

The aircraft being overtaken has the right-of-way. The overtaking aircraft must alter course to the right to pass well clear.

The slow airplane in front keeps doing exactly what it’s doing. You, the faster airplane closing from behind, own the entire maneuver: alter course to the right and pass well clear - not close, well clear. The pilot in front may not even know you’re there, so assume he doesn’t and give him room.

Notice the theme running through all three geometries: turn right, turn right, turn right. If you remember nothing else, remember that the safe reflexive answer - the one almost always compatible with the rules - is turn to the right.

Who has the right-of-way on final approach to land?

FAR 91.113(g) covers landing: aircraft on final approach or landing have the right-of-way over other aircraft in flight or on the surface. And when two or more aircraft are approaching to land, the aircraft at the lower altitude has the right-of-way.

But there’s a catch the examiner loves: you may not use this rule to cut in front of another aircraft on final, or to overtake it. You can’t dive underneath someone established on final and steal the runway by getting lower. That’s using the letter of the rule to violate its spirit - dangerous, and a checkride bust.

How do the right-of-way rules apply at Oshkosh and the Fisk arrival?

The Fisk arrival into AirVenture is the right-of-way rules turned into a procedure. Pilots study the thick AirVenture NOTAM (Notice to Air Missions) like scripture, fly down the railroad tracks, and hold a standardized profile - 90 knots at 1,800 feet, or the higher, faster tier the NOTAM specifies if you’re quicker.

Why standardize everything? Because when everyone flies the same altitude, speed, and path, converging geometry mostly disappears. You’re not crossing paths - you’re following. It becomes a single-file line, and single file is the safest geometry there is.

When it does break down, the base rules resurface:

• Someone closes on the airplane ahead - that’s an overtaking situation, and the airplane in front has the right-of-way. Controllers may direct a 360 or a wing-rock to follow a different airplane, but the underlying rule is unchanged.
• Someone rejoins from your right - right has the right. Extend, slow, let him in, stay predictable.

The NOTAM works because it’s 91.113 pre-solved and handed to you in a booklet, so thousands of airplanes can land at one field in a week without touching each other.

Practical steps for your next flight

1. When you yield, turn behind the other aircraft. The regulation says you may not pass over, under, or ahead of the other aircraft unless well clear. Aim for his tail, not his nose. Passing ahead - trying to beat him across - is how midairs happen. Go behind.

2. Yield early and yield obviously. Give way while you’re still far apart, with a clear, deliberate maneuver the other pilot can see and trust. A big, early turn communicates; a tiny, late twitch confuses. Be readable.

3. Keep maneuvering room even when you have the right-of-way. The right-of-way is not a force field. The other pilot might not see you, so hold your course predictably but stay ready to break away.

4. Think choreographer, not winner. In every encounter, one of you is assigned to move. If it’s you, own it - early and big. If it’s the other pilot, be so predictable he can do his job easily. It’s a two-person dance, and the regulation just says who leads.

What examiners expect on the checkride

The Airman Certification Standards (ACS) expect you to know the right-of-way rules cold under the airport operations and see-and-avoid tasks. An examiner may ask flat out: converging traffic from your right - who has the right-of-way? The answer, with no pause: “He does. I give way, and I turn behind him.”

Then they’ll push: You have the right-of-way - now what? The answer they want is not “I keep flying straight and it’s his problem.” It’s: “I maintain my course and speed to stay predictable, I keep watching him, and I’m ready to maneuver if he doesn’t.” That answer shows you understand that 91.113(b) - see and avoid - sits on top of the whole regulation.

Key Takeaways

• See and avoid comes first. FAR 91.113(b) applies regardless of who has the right-of-way; the rules assign predictability, not immunity.
• Least maneuverable wins. Distress aircraft first, then balloons, gliders, tow/refueling aircraft, airships, and finally powered airplanes and rotorcraft.
• Same-category geometry: converging - the aircraft on the right has it; head-on - both turn right; overtaking - the aircraft ahead has it, and you pass well clear to the right.
• When in doubt, turn right - it’s compatible with the rules in nearly every encounter.
• On landing, the lower aircraft on approach has the right-of-way, but you may never use that to cut in front of or overtake an aircraft on final.