Every pilot will eventually share the sky with other aircraft, and knowing who yields to whom — and why — is one of the most fundamental safety skills you can develop. The Federal Aviation Regulations address this through 14 CFR 91.113, which assigns a priority order for every common traffic encounter. But the rules are only part of the story: effective collision avoidance depends equally on vigilance, scanning technique, and good aeronautical decision-making. Understanding both the letter of the regulation and its practical application is essential for the FAA Private Pilot Knowledge Test and, far more importantly, for surviving a career of flying.
This article covers every category in the right-of-way hierarchy, explains the logic behind each rule, unpacks the distress and overtaking provisions that students often miss, and offers concrete collision-avoidance habits you can build from day one.
The Core Principle: Responsibility Regardless of Right-of-Way
Before diving into the hierarchy, 14 CFR 91.113(a) makes a foundational statement: a pilot who has the right-of-way is not relieved of the responsibility to take action to avoid a collision. In other words, being "in the right" does not protect you from metal meeting metal. The regulation requires every pilot to remain vigilant and to maneuver as necessary — even when the other aircraft is the one legally obligated to yield. This principle pervades everything that follows.
The Right-of-Way Hierarchy
14 CFR 91.113 establishes a priority list, from highest to lowest priority (most right-of-way to least). When two aircraft are in the same category, additional sub-rules apply.
1. Aircraft in Distress
An aircraft in distress — declaring an emergency or clearly unable to control its flight — has the right of way over everything. All other aircraft must give way immediately. This rule reflects a simple moral and practical reality: a pilot struggling for control cannot safely maneuver to yield, and every second matters.
2. Balloons
Free balloons rank second in priority because they have essentially no ability to maneuver laterally or vertically on demand. Their direction and altitude are dictated by the wind. Every powered aircraft, glider, airship, and airplane must yield to a free balloon.
3. Gliders
Gliders outrank airships, powered aircraft, and weight-shift-control aircraft because they cannot add power to climb out of a conflict or accelerate to escape. A glider pilot's options are limited to descending and making gentle turns while managing energy. Powered aircraft of all types must yield to gliders.
4. Airships (Blimps/Dirigibles)
Airships are slow, large, and relatively unwieldy compared to fixed-wing aircraft. They outrank airplanes and rotorcraft, meaning powered airplanes must yield to airships.
5. Aircraft Towing or Refueling Other Aircraft
14 CFR 91.113(d) lists aircraft towing or refueling other aircraft as a category ranking above general powered aircraft — for example, a tow plane pulling a glider on a rope has limited maneuverability because any aggressive movement can overstress or crash the glider or banner being towed. Under the regulation's listed order (balloons, then gliders, then airships, then towing/refueling aircraft, then other powered aircraft), powered aircraft not otherwise engaged in towing must yield to towing combinations.
6. All Other Powered Aircraft (Airplanes, Helicopters, etc.)
At the bottom of the hierarchy sit conventional powered aircraft — single-engine piston trainers, jets, helicopters, and so on. When two powered aircraft meet, the hierarchy above does not differentiate further by type; instead, specific situation-based rules take over (head-on, converging, overtaking). These are covered in the next section.
Situation-Specific Rules for Powered Aircraft
When two powered aircraft of similar category encounter one another, 14 CFR 91.113 provides three scenario rules:
Head-On Encounters
When two aircraft are approaching head-on, or nearly so, each pilot shall alter course to the right. Neither aircraft has right-of-way over the other. The rule is symmetrical: both turn right, both pass on the left side of the other. This mirrors the maritime and road traffic convention and ensures a predictable, collision-avoiding geometry. Even a small turn right creates separation — so act early and make the turn obvious.
Converging Aircraft
When two aircraft are converging at approximately the same altitude, the aircraft on the left must yield to the aircraft on the right. A helpful way to visualize this: the pilot who sees the other aircraft off their left wing is the one who must give way. The aircraft on the right has the right of way. This is analogous to the maritime rule for vessels crossing paths.
A common point of confusion: "converging" means the flight paths are angled toward each other, not that one is directly behind the other. The angle and geometry matter — if you cannot determine whether you are converging or overtaking, treat it as a converging situation and yield to the right.
Overtaking Aircraft
When one aircraft is overtaking another — approaching from behind on a line forming an angle of less than 70° with the overtaken aircraft's plane of symmetry (centerline) — the overtaking aircraft must yield. The rule specifies that the overtaking aircraft shall pass the slower aircraft on the right, so the slower aircraft will appear to slide to the overtaker's left as it falls behind. The aircraft being overtaken has right of way and should maintain its course and speed. This rule applies to all aircraft categories, including gliders overtaking other gliders.
Landing Right-of-Way Rules
The regulations recognize that landing is among the most demanding phases of flight and grant special priority to aircraft in the landing phase.
- Aircraft on final approach or landing have right of way over aircraft in flight or on the surface (except those in distress).
- When two or more aircraft are approaching an airport for landing, the aircraft at the lower altitude has right of way — but this rule must not be used to cut in front of or to overtake another aircraft already on final.
- A pilot must not take advantage of this rule in a way that endangers other aircraft. Diving steeply to get below another aircraft and then claiming right of way is both dangerous and prohibited.
Right-of-Way on the Surface: Taxiing Aircraft
14 CFR 91.113(j) addresses taxiing aircraft at airports: when two aircraft are taxiing toward each other on a taxiway or ramp, each shall turn to the right where practicable (again, the same instinctive right-turn convention). An aircraft being overtaken by another on the taxiway has the right of way. AC 91-73 provides additional taxi safety guidance, though the regulatory minimum is in Part 91.
Why It Matters: The See-and-Avoid Concept
14 CFR 91.113(b) establishes the see-and-avoid requirement: when weather conditions permit, each pilot is responsible for seeing and avoiding other aircraft. The FAA's AC 90-48 provides guidance on how to develop effective visual scanning. Key research findings underpinning these rules:
- The human eye is most sensitive to motion and detail in the center of the visual field, but a fast-approaching aircraft may subtend only a tiny arc of angle until very close.
- An aircraft on a constant bearing and decreasing range — a collision course — shows no apparent movement against the background. It simply grows in size. This is the most dangerous target to detect visually.
- Effective scanning uses a series of short, regularly spaced eye fixations across the field of view, allowing about 1 second of focus per sector. Continuous sweeping is less effective than deliberate pauses.
- Clearing turns before maneuvers, and frequent clearing of blind spots (especially over the nose before a descent), are essential cockpit habits.
Key Numbers and Rules
- Hierarchy (highest to lowest): Distress → Balloon → Glider → Airship → Towing → All other powered aircraft.
- Head-on: Both aircraft turn RIGHT.
- Converging: Aircraft on the LEFT yields to aircraft on the RIGHT.
- Overtaking: Overtaking aircraft yields and passes on the RIGHT; defined as approaching from behind on a line forming an angle of less than 70° with the plane of symmetry of the slower aircraft.
- Landing: Lower altitude has right of way; may not be used to cut off another aircraft already established on final.
- Key principle: Having right-of-way does NOT eliminate your duty to avoid collision.
Memory Aid
For the hierarchy of right-of-way, use the mnemonic "Don't Be Grounded At The Party":
- D — Distress
- B — Balloon
- G — Glider
- A — Airship
- T — Towing
- P — Powered aircraft (conventional)
Read it as a reminder that even the most capable powered aircraft is at the bottom of the priority stack, so develop the habit of always scanning for the less-maneuverable aircraft that outrank you.
Common Test Traps
- "Right-of-way means I don't have to maneuver." Wrong. The regulation is explicit: every pilot must act to avoid collision regardless of who has right-of-way. This is one of the most commonly misread provisions.
- Confusing converging with head-on. A head-on situation requires BOTH pilots to turn right. A converging situation requires only the aircraft on the LEFT to yield. Know the difference by the angle of approach.
- Forgetting towing aircraft outrank general powered aircraft. Many students rank gliders above towing combinations or forget towing entirely. Remember: a tow plane has limited maneuverability even though it has an engine.
- Lower altitude wins at the airport — but can't be manufactured. The test may present a scenario where a pilot dives below another on final. The rule exists to protect aircraft already established at lower altitude, not to allow deliberately cutting in.
- Overtaking direction. Students sometimes say the overtaking aircraft passes on the LEFT. The rule is clearly on the RIGHT — so the overtaken aircraft passes to the overtaker's left side as it falls behind.