VFR · Lesson 59 · 7 min · ACS PA.I.A · ACS PA.I.B

Operating Rules: Right of Way, Alcohol and PIC Authority

Summary

Right-of-way rules resolve converging, head-on, and overtaking encounters; the alcohol rule sets an 8-hour and 0.04 BAC limit; and the PIC holds final authority, including emergency deviation.

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Two airplanes are converging at the same altitude. Which one has the right of way?

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Why this matters in flight

These are the see-and-avoid and fitness rules that keep airplanes from hitting each other and keep impaired pilots on the ground. They also define the authority — and the responsibility — that comes with being pilot in command.

When traffic converges, right-of-way rules decide who yields. An aircraft in distress always has the right of way. For two aircraft of the same category converging, the one on the right has the right of way; head-on, both turn right; and when overtaking, the aircraft ahead has the right of way while you pass to the right. Less maneuverable aircraft — balloons, gliders, airships — are given way by powered airplanes. Fitness to fly is governed by the alcohol and drug rule: no crewmember duties within 8 hours of drinking ("bottle to throttle"), while under the influence, while using an impairing drug, or with a blood alcohol concentration of 0.04 percent or more. Overlaying all of this is the authority of the pilot in command, who is the final authority for the operation of the aircraft and who may deviate from the rules as needed to meet an in-flight emergency. Three adjacent rule sets round out this area on the test. The full 91.113 hierarchy: a balloon over every other category, a glider over airships and powered aircraft, an airship over powered aircraft, an aircraft towing or refueling another over all other engine-driven aircraft — and on approach, landing traffic has priority, with the LOWER aircraft having the right of way when two approach to land. Minimum safe altitudes (91.119): anywhere, an altitude allowing an emergency landing without undue hazard; over congested areas, 1,000 feet above the highest obstacle within a 2,000-foot horizontal radius; over other-than-congested areas, 500 feet above the surface; and over open water or sparsely populated areas, no closer than 500 feet to any person, vessel, vehicle, or structure. And after an accident, NTSB Part 830 controls: notify the nearest NTSB office immediately for an accident or listed serious incident, preserve the wreckage — moving it only to protect people or property — and file the written report within 10 days when required.

Key terms

Converging right of way
When same-category aircraft converge, the one on the right has the right of way.
Bottle to throttle
The 8-hour minimum between drinking alcohol and acting as a crewmember.
Final authority
The PIC is directly responsible for and the final authority over the flight.

Sources & references · 3 · 3 linked

Every claim traces to a source — paraphrased knowledge elements pointing at the governing FAA publication. Items marked verified have been checked against the retrieved source text; the rest are pending verification. Where the exact page or regulation has been located in a retrieved document, the source links straight to it.

  • 14 CFR 91.113 14 CFR Part 91 — General Operating and Flight Rules verified14 CFR 91.113
  • 14 CFR 91.17 14 CFR Part 91 — General Operating and Flight Rules verified14 CFR 91.17
  • 14 CFR 91.3 14 CFR Part 91 — General Operating and Flight Rules verified14 CFR 91.3

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