One of the most fundamental safety principles in the National Airspace System (NAS) is that unmanned aircraft always yield to manned aircraft. This rule exists because manned aircraft carry human beings onboard, and pilots of those aircraft may have little or no ability to detect a small drone in their flight path. For Part 107 remote pilots, understanding not just the rule itself, but the practical tools and habits that support it — especially radio situational awareness — is essential for operating safely and passing the FAA knowledge test.
This article covers the regulatory right-of-way framework that governs small unmanned aircraft systems (sUAS), explains how radio communication monitoring contributes to situational awareness even though Part 107 does not require remote pilots to hold a radio, and highlights the practical techniques and test-relevant details you need to know.
The Right-of-Way Hierarchy in the NAS
The FAA establishes right-of-way priorities for all aircraft in 14 CFR Part 91. While Part 91 primarily governs manned aircraft, Part 107 explicitly states that a remote pilot operating a small UAS must give way to all other aircraft and must not create a hazard to manned flight. This places sUAS at the absolute bottom of the right-of-way order.
For manned aircraft, the general priority order works like this: aircraft in distress have priority over all others. After that, unpowered aircraft such as balloons and gliders take precedence over powered aircraft, because they have the fewest options to maneuver or change course. Airships yield to gliders, powered parachutes, and balloons. Airplanes must yield to airships, gliders, and balloons. Rotorcraft (helicopters) generally yield to airplanes in certain situations, such as when converging. However, all of these aircraft — from the Boeing 747 to the ultralight — have the right-of-way over an sUAS.
Why does this matter in practice? Because the remote pilot cannot count on a manned aircraft to change course, slow down, or acknowledge the drone's presence. The remote pilot must be the active, proactive party — scanning the sky, anticipating traffic, and keeping the sUAS clear of any flight path used by manned aircraft.
Specific Right-of-Way Scenarios Under Part 107
Part 107.37 is the key regulation. It states that the remote pilot in command must yield the right of way to all aircraft, airborne vehicles, and launch and reentry vehicles. The rule applies regardless of the class of airspace or operating environment. There is no situation in which a drone legally has the right of way over a manned aircraft.
Consider a few realistic scenarios:
- Helicopter approaches to a hospital helipad: Helicopters often approach at low altitudes and from unexpected directions. A remote pilot operating near a medical facility must be especially vigilant, because an emergency flight crew will not divert for a drone — and doing so could cost lives.
- Agricultural aircraft (crop dusters): Agricultural operations are conducted at extremely low altitudes — sometimes 10 feet above the crop canopy — and the pilots fly fast, repetitive patterns. Remote pilots in rural areas must account for this traffic, even if no airport is nearby.
- Skydiving and parachute operations: Jumpers in freefall or under canopy have limited maneuverability. Airspace near drop zones is frequently shared by jump aircraft at multiple altitudes. A drone at 300 feet AGL may be directly below an exit altitude or a canopy traffic pattern.
- Banner-towing and aerial work: These aircraft operate at low altitudes and slow airspeeds, often in areas popular with recreational pilots. Their tow lines extend hundreds of feet below or behind the aircraft, creating an additional hazard.
In each of these cases, the remote pilot's only safe option is to anticipate, observe, and yield — proactively, not reactively.
Radio Situational Awareness for Remote Pilots
Although Part 107 does not require remote pilots to carry or use a radio, having a handheld aviation transceiver and monitoring the appropriate frequency is one of the most powerful tools available for building situational awareness. The FAA strongly encourages this practice, and it is a tested concept in the knowledge exam.
Here is how monitoring radio communications improves safety:
- CTAF and UNICOM frequencies: At uncontrolled airports, pilots make self-announce position reports on the Common Traffic Advisory Frequency (CTAF). By monitoring this frequency, a remote pilot operating near a non-towered airport can hear inbound and outbound aircraft announce their position, altitude, and intended runway. This gives the remote pilot advance notice to land or reposition the sUAS before the aircraft arrives.
- Tower and approach control frequencies: Near towered airports, ATC will issue clearances, advisories, and traffic information. Even though ATC is not communicating with the remote pilot, monitoring those frequencies reveals the general flow of traffic — what runways are in use, which direction aircraft are departing, and whether VFR traffic is being vectored into the area.
- Emergency frequencies: Monitoring 121.5 MHz (the international emergency and distress frequency) can provide awareness of emergencies in the area, which often result in rapid aircraft movements at low altitudes by rescue aircraft or diverted flights.
It is critical to understand a legal boundary: a Part 107 remote pilot does not have authorization to transmit on aviation frequencies unless they hold an FCC station license and, for ATC-controlled frequencies, must coordinate with ATC through proper channels. Monitoring is legal and encouraged; unauthorized transmitting on aviation frequencies is not.
Coordination With ATC and Manned Pilots
When operating in controlled airspace under a waiver or an authorization (such as those available through the Low Altitude Authorization and Notification Capability system, LAANC), the remote pilot may be required to follow specific conditions set by ATC. Even in uncontrolled airspace, voluntarily contacting the control tower or TRACON for a Notice to Air Missions (NOTAM) or an informal coordination call is a best practice that increases the visibility of your operation in the system.
Remote pilots may also benefit from coordinating directly with Fixed Base Operators (FBOs) or airport managers near their operating area, who can pass word to local pilots or post information about drone operations. This kind of community coordination reduces conflict even when it is not legally required.
Key Numbers and Rules
- 400 feet AGL is the standard maximum altitude for Part 107 operations. Keeping the sUAS at or below 400 feet AGL dramatically reduces the chance of conflict with most manned traffic, which typically operates above that altitude except during approach, departure, and pattern work.
- Within 400 feet of a structure, an sUAS may operate higher than 400 feet AGL (up to 400 feet above the structure) — but the remote pilot must still yield to all manned aircraft at any altitude.
- 14 CFR Part 107.37 is the specific regulation governing right-of-way and hazard avoidance for sUAS.
- CTAF frequencies are published in the Chart Supplement (formerly Airport/Facility Directory) and on sectional charts. They are typically in the 122 MHz range for non-towered airports.
- Class G airspace (uncontrolled) does not require ATC authorization for Part 107 operations, but right-of-way rules apply everywhere, in every class of airspace, at all times.
- A remote pilot may request a waiver to operate at night, beyond visual line of sight, or in controlled airspace — but no waiver eliminates the requirement to yield to manned aircraft.
Common Test Traps
- Thinking Part 107 gives drones priority in any situation: The exam may describe a scenario with a converging aircraft and ask who has the right of way. The answer is always the manned aircraft, without exception. There is no scenario where the drone wins the right-of-way argument.
- Assuming radio monitoring is optional and unimportant: The FAA tests whether remote pilots understand that monitoring aviation frequencies is a key tool for situational awareness, even though it is not explicitly required by regulation. Dismissing its value is a wrong answer mindset.
- Confusing monitoring with unauthorized transmission: Some questions test the distinction between legally monitoring aviation frequencies (fine) and transmitting on them without proper authorization (not fine under FCC rules and aviation regulations).
- Forgetting that the 400-foot AGL rule does not prevent conflicts: Manned aircraft regularly operate at or below 400 feet during approach, departure, traffic pattern work, agricultural operations, and aerial tours. The altitude limit reduces risk but does not eliminate the need for active visual scanning and yield behavior.
- Overlooking the CTAF concept: Test questions frequently reference CTAF or UNICOM as tools that improve remote pilot awareness near airports. Know what these frequencies are, where to find them, and why they matter — even if you never plan to key a microphone.
Mastering right-of-way rules and radio situational awareness means internalizing a mindset: you are a guest in a shared airspace, and your first obligation is to see, anticipate, and yield. The FAA knowledge test rewards this mindset, and — far more importantly — so does real-world flight safety.