Right-of-way rules14 CFR 91.113 Right-of-way rules: Except water operations
Whenever weather permits, every pilot must see and avoid other aircraft, under IFR or VFR. When another aircraft has the right of way you give way to it and may not pass over, under or ahead of it unless well clear, and an aircraft in distress has the right of way over all other traffic.
By the ATIS Alerts team · Updated October 15, 2026 · Regulation text current as of October 14, 2026. A study aid based on the official regulation text, not legal advice or an FAA interpretation.
At a glance
- See and avoid applies to every pilot when weather conditions permit, whether the flight is IFR or VFR (b).
- An aircraft in distress has the right of way over all other air traffic (c).
- Converging aircraft of the same category: the aircraft to the other's right has the right of way (d).
- Different categories: a balloon over any other category, a glider over powered aircraft, an aircraft towing or refueling other aircraft over all other powered aircraft, and an airship over the remaining powered aircraft (d)(1) to (d)(4).
- Head-on: each pilot alters course to the right (e). Overtaking: the aircraft being overtaken has the right of way, and the overtaking pilot alters course to the right to pass well clear (f).
- Landing: aircraft on final approach or landing have the right of way, and between two aircraft approaching to land the lower one does, but it may not cut in front of or overtake an aircraft on final (g).
In plain English
Section 91.113 sets the order of priority when two aircraft get close. Paragraph (b) comes first for a reason: when weather conditions permit, every pilot must keep watch to see and avoid other aircraft, and that duty applies on an IFR flight as well as under VFR. When a rule gives the other aircraft the right of way, you give way and may not pass over, under or ahead of it unless well clear. The section does not apply to aircraft operating on water (a); those rules are in 91.115.
Paragraph (d) covers converging aircraft at about the same altitude. If both are the same category, the aircraft on the other's right has the right of way. If they are different categories, the order is set by (d)(1) to (d)(4): a balloon has the right of way over any other category, a glider over powered aircraft, and an aircraft towing or refueling other aircraft over all other powered aircraft. An airship has the right of way over other powered aircraft, except an aircraft that is towing or refueling.
Head-on encounters and overtaking have their own rules. When approaching head-on, or nearly so, both pilots alter course to the right (e). An aircraft being overtaken has the right of way, and the overtaking pilot alters course to the right and passes well clear (f).
Paragraph (g) handles the airport. An aircraft on final approach or landing has the right of way over aircraft in flight or on the surface, but it may not use that to force an aircraft off a runway when that aircraft has already landed and is clearing for the one on final. When two or more aircraft are approaching to land, the lower aircraft has the right of way, but it may not cut in front of or overtake an aircraft that is on final approach.
Common mistakes
- Thinking right of way is only a VFR concern. Paragraph (b) applies the see and avoid duty under IFR too whenever weather conditions permit.
- Turning left to avoid a head-on conflict. Each pilot alters course to the right (e).
- Ranking an airship above an aircraft towing a glider. Under (d)(3) and (d)(4) the towing or refueling aircraft has the right of way over the airship.
- Using the lower-altitude landing priority to cut in front of an aircraft already on final. Paragraph (g) prohibits it.
The official text
14 CFR 91.113 as published on the eCFR, current as of October 14, 2026.
(a) Inapplicability. This section does not apply to the operation of an aircraft on water.
(b) General. When weather conditions permit, regardless of whether an operation is conducted under instrument flight rules or visual flight rules, vigilance shall be maintained by each person operating an aircraft so as to see and avoid other aircraft. When a rule of this section gives another aircraft the right-of-way, the pilot shall give way to that aircraft and may not pass over, under, or ahead of it unless well clear.
(c) In distress. An aircraft in distress has the right-of-way over all other air traffic.
(d) Converging. When aircraft of the same category are converging at approximately the same altitude (except head-on, or nearly so), the aircraft to the other's right has the right-of-way. If the aircraft are of different categories—
(1) A balloon has the right-of-way over any other category of aircraft;
(2) A glider has the right-of-way over powered aircraft.
(3) An airship has the right-of-way over all other powered aircraft, except for an aircraft towing or refueling other aircraft.
(4) An aircraft towing or refueling other aircraft has the right-of-way over all other powered aircraft.
(e) Approaching head-on. When aircraft are approaching each other head-on, or nearly so, each pilot of each aircraft shall alter course to the right.
(f) Overtaking. Each aircraft that is being overtaken has the right-of-way and each pilot of an overtaking aircraft shall alter course to the right to pass well clear.
(g) Landing. Aircraft, while on final approach to land or while landing, have the right-of-way over other aircraft in flight or operating on the surface, except that they shall not take advantage of this rule to force an aircraft off the runway surface which has already landed and is attempting to make way for an aircraft on final approach. When two or more aircraft are approaching an airport for the purpose of landing, the aircraft at the lower altitude has the right-of-way, but it shall not take advantage of this rule to cut in front of another which is on final approach to land or to overtake that aircraft.
Test yourself
Practice questions from our free FAA written test prep that cite 14 CFR 91.113.
Sport Pilot
Two airplanes are converging at approximately the same altitude, not head-on. Which has the right-of-way?
- A. The aircraft to the other's right.
- B. The faster aircraft.
- C. The aircraft at the lower altitude.
- D. The aircraft to the other's left.
Show answer
A. The aircraft to the other's right. When aircraft of the same category converge at approximately the same altitude (except head-on), the one on the right has the right-of-way. Separately, an aircraft in distress always has the right-of-way. When categories differ, a balloon has the right-of-way over every other category, a glider over powered aircraft, an airship over other powered aircraft, and an aircraft towing or refueling another aircraft over all other powered aircraft, airships included.
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Questions pilots ask
Who has the right of way, a glider or an airplane?
When converging, the glider. A glider has the right of way over powered aircraft (91.113(d)(2)), and among the categories in (d) only a balloon ranks above it (91.113(d)(1)). An aircraft in distress (91.113(c)) and the landing rules in 91.113(g) still apply.
Who has the right of way when two airplanes are converging?
When aircraft of the same category converge at about the same altitude, and it is not a head-on situation, the aircraft to the other's right has the right of way (91.113(d)). The pilot who must give way may not pass over, under or ahead of the other aircraft unless well clear (91.113(b)).
What do you do when another aircraft is coming at you head-on?
Each pilot alters course to the right (91.113(e)).
Who has the right of way when landing?
An aircraft on final approach or landing has the right of way over aircraft in flight or on the surface. When two or more aircraft are approaching to land, the one at the lower altitude has the right of way, but it may not cut in front of or overtake an aircraft that is on final approach (91.113(g)).