What does it mean for a drone operator to yield the right-of-way to manned aircraft under Part 107?

Under 14 CFR Part 107.37, a small unmanned aircraft operator must always give way to all manned aircraft, meaning the drone operator is responsible for maneuvering to avoid any potential conflict. This rule applies without exception — it does not matter whether the manned aircraft appears to be following proper procedures or not. The sUAS operator must remain vigilant and be prepared to immediately alter course, altitude, or hover to ensure separation.

Are there any situations where a drone operator does NOT have to yield to a manned aircraft under Part 107?

No — 14 CFR Part 107.37 contains no exceptions to the requirement that sUAS operators yield the right-of-way to all manned aircraft. This is an absolute rule designed to prioritize the safety of crewed aviation, since manned aircraft carry people on board and may have limited ability to detect or avoid a small drone. Remote pilots must plan every flight with this responsibility in mind, maintaining continuous situational awareness throughout the operation.

Why is pre-flight planning so important for right-of-way compliance under Part 107?

Because sUAS operators must always yield to manned aircraft, knowing the local airspace environment before flight — including nearby airports, common traffic patterns, and low-altitude flight routes — dramatically reduces the chance of an unexpected encounter. The FAA emphasizes that situational awareness begins on the ground, using tools like aeronautical charts, NOTAM reviews, and apps such as B4UFLY to identify areas of potential manned aircraft activity. Thorough pre-flight planning helps the remote pilot anticipate conflicts and choose operating locations, altitudes, and times that minimize risk.

Yielding Right-of-Way to Manned Aircraft Under Part 107

One of the most fundamental rules governing small unmanned aircraft system (sUAS) operations under 14 CFR Part 107 is deceptively simple: your drone must always yield the right-of-way to every manned aircraft, without exception. This single rule flows from a core principle of the National Airspace System (NAS) — that aircraft carrying human beings have priority over those that do not. Understanding exactly what this means, why it exists, and how to apply it in the real world is essential both for passing the FAA Remote Pilot Certificate knowledge test and for operating safely every time you fly.

This article walks through the regulatory language, the practical mechanics of yielding, the pre-flight planning strategies that make compliance achievable, and the exam traps that catch unprepared test-takers.

The Regulatory Foundation

The right-of-way requirement is codified in 14 CFR § 107.37. This section states that no person may operate a small unmanned aircraft in a manner that creates a collision hazard, and — critically — that the sUAS must yield the right-of-way to all aircraft, airborne vehicles, and launch and recovery operations. The word "all" is not qualified. It does not say "commercial aircraft only" or "aircraft above a certain altitude." It means every helicopter, every Cessna, every powered parachute, every hot air balloon, every glider, and every aircraft operating in that airspace, period.

Part 107 further requires the remote pilot in command (RPIC) to see and avoid other aircraft. The FAA intentionally mirrors the language used in manned aviation — specifically 14 CFR § 91.113, which governs right-of-way rules for manned aircraft. By bringing this concept into Part 107, the FAA makes clear that sUAS operations are not a separate universe; they are integrated into the same NAS and must respect the same hierarchy of priority.

What "Yielding" Actually Means in Practice

In manned aviation, yielding right-of-way typically means maneuvering your aircraft to give way. For a drone operator, it can mean something both simpler and more challenging. Simpler, because a drone is far more maneuverable than most aircraft and can hover, descend, or land almost immediately. More challenging, because a remote pilot on the ground has a much more limited field of view than a pilot in a cockpit scanning from altitude.

Yielding requires that the RPIC maintain visual line of sight (VLOS) with the drone at all times — another Part 107 requirement found in § 107.31. If you cannot see your drone, you cannot see what is near it, and you cannot take evasive action. The two requirements — VLOS and right-of-way — are deliberately linked. Together, they form the foundation of the "see and avoid" concept applied to sUAS operations.

In practical terms, yielding may mean descending your aircraft promptly when a manned aircraft enters the area, hovering in place to let it pass, or landing immediately if a conflict appears imminent. The key point is that you must act first. The pilot of the manned aircraft has no obligation to look for or avoid your drone. The entire burden of conflict avoidance rests on you as the remote pilot.

Why This Rule Exists: Safety and the NAS Hierarchy

The rationale behind this rule is straightforward and grounded in proportional risk. A midair collision between a drone and a manned aircraft poses catastrophic risk to the people on board the manned aircraft — and potentially to people on the ground. A drone, by contrast, carries no human occupants. The FAA therefore places the entire duty to avoid on the party with zero life-safety risk on board.

Additionally, manned aircraft pilots operating under Visual Flight Rules (VFR) are scanning for traffic at their altitude and above. They are not trained or equipped to spot a small, low-contrast drone against the terrain below them. Even if a pilot did see a drone, they may not have time to react before a drone operator — standing on the ground — could have simply descended the sUAS out of harm's way. The rule correctly identifies who has the better ability to prevent the conflict.

This hierarchy also supports public confidence in drone operations. Incidents in which drones have come uncomfortably close to manned aircraft have drawn significant FAA scrutiny and congressional attention. Every remote pilot who diligently yields right-of-way protects not only the manned aircraft, but also the long-term regulatory freedom of the UAS industry as a whole.

Pre-Flight Planning: Your First Line of Defense

Compliance with § 107.37 begins long before you launch. Good pre-flight planning significantly reduces the likelihood that a manned aircraft will enter your operating area unexpectedly.

Check airspace: Use FAA-approved apps (such as the FAA DroneZone or tools that display B4UFLY data) to identify the class of airspace you will operate in and any temporary flight restrictions (TFRs) that might be in effect. Avoiding controlled airspace — or obtaining authorization through LAANC or a waiver — reduces traffic exposure.
Review sectional charts: Look for nearby airports, heliports, seaplane bases, and common VFR corridors. Identify landmarks along which pilots are likely to navigate or descend on approach. Even outside of controlled airspace, manned aircraft regularly fly at low altitudes near agricultural fields, powerlines, and emergency scenes.
Note arrival and departure paths: Aircraft flying VFR near uncontrolled airports follow standard traffic patterns. If your operation is close to an airport, know which runways are in use and which direction traffic flows.
Select operational altitudes carefully: Staying well below the Part 107 maximum of 400 feet AGL (or 400 feet above a structure when operating near one) reduces exposure to cruising manned traffic. The lower you operate, the fewer manned aircraft you are likely to encounter.
Have a contingency plan: Decide in advance what you will do if a manned aircraft appears. Know your abort procedure — where you will land quickly if needed, and who on your crew (if any) is responsible for scanning the sky.

Key Numbers and Rules

14 CFR § 107.37 — the specific right-of-way regulation for sUAS.
14 CFR § 107.31 — VLOS requirement; you must be able to see your sUAS unaided (except corrective lenses) at all times.
14 CFR § 91.113 — the manned-aviation right-of-way rule that Part 107 mirrors conceptually.
400 feet AGL — the standard maximum altitude for sUAS operations under Part 107, above which exposure to manned traffic increases significantly.
No exceptions, no waivers for this rule: Unlike many Part 107 provisions (altitude, VLOS, daylight operations), the right-of-way requirement in § 107.37 cannot be waived. The FAA does not issue waivers allowing sUAS to have priority over manned aircraft.
Visual Observer (VO): While not mandatory, a VO positioned to scan for traffic can extend the RPIC's situational awareness and is a best practice near busy airspace.

Common Test Traps

Thinking the rule is situational. The FAA knowledge test may present scenarios — a drone at a safe altitude, away from an airport, on a clear day — and imply that the right-of-way obligation is reduced. It is not. The obligation to yield is absolute and applies in every scenario under Part 107.
Confusing yielding with stopping. Yielding does not always mean landing immediately; it means taking whatever action is necessary to avoid a collision hazard. Hovering, descending, or changing course can all constitute proper yielding, depending on the situation. Choose the safest action given your altitude and position.
Assuming the manned aircraft pilot will see you. Test questions sometimes frame the situation as shared responsibility. Under Part 107, there is no shared responsibility — the entire obligation to avoid is on the remote pilot. Manned pilots have zero duty to avoid sUAS under current regulations.
Overlooking non-traditional aircraft. The rule covers all aircraft — including ultralights, balloons, gliders, helicopters, and agricultural aircraft that may operate without radio communication at low altitudes. A remote pilot cannot assume a quiet sky means no traffic.
Believing a waiver solves everything. Part 107 allows waivers for operations such as night flight, flight over moving vehicles, or beyond VLOS. However, no waiver provision under § 107.205 covers the right-of-way requirement in § 107.37. This is a hard regulatory floor.

Putting It All Together

Right-of-way compliance under Part 107 is not a passive obligation — it is an active, continuous responsibility that starts during pre-flight planning and does not end until your drone is safely on the ground. The remote pilot who truly understands this rule approaches every flight with a scanning mindset: Where are the nearby airports? What altitude are agricultural planes likely working at today? Is there a TFR for a nearby sporting event? Who on the ground can help me watch the sky?

The rule is simple in its language and profound in its implications. When a manned aircraft appears, your drone moves — no negotiation, no hesitation, no exceptions. Internalizing that principle is what separates a compliant, safety-conscious remote pilot from one who becomes a cautionary tale in an FAA enforcement action or, worse, a midair incident report.