010 Air Law topic guide
Right-of-Way Rules in the Air
Right-of-way rules only matter once two aircraft can see and avoid each other; they describe who must give way, not who owns a piece of sky. SERA sets out three geometries that cover almost every exam stem: aircraft converging at approximately the same level, aircraft approaching head-on, and one aircraft overtaking another. Each geometry has one clean rule, and the exam's favourite trick is disguising which geometry a stem actually describes.
Layered on top of those three rules is a priority ladder between different kinds of aircraft, because a balloon and an airliner converging cannot simply apply the same right-hand logic as two airliners of the same category. Exam questions also like to pair right of way with the surface rules for taxiing and landing, so a single stem can quietly test two or three areas of the syllabus at once.
Converging, head-on and overtaking
When two aircraft of the same category are converging at approximately the same level, the one that has the other on its right gives way, and should avoid crossing directly ahead of the other unless well clear. This mirrors the maritime convention that many students already half-remember, which helps recall but also invites confusion if the categories differ, because the right-hand rule only decides ties within the same category.
When two aircraft are approaching head-on, or close enough to a reciprocal course that a risk of collision exists, both aircraft alter course to the right. Neither one has priority: the rule exists precisely because waiting to see who yields first is not survivable at closing speed.
Overtaking is different again. The aircraft being overtaken keeps its right of way regardless of category, and the overtaking aircraft, whether climbing, descending, or level, must alter course to the right and remain clear until it is past and well clear. An aircraft counts as overtaking another when it approaches from behind and to the side rather than head-on, the classic definition being that at night it can see only the other aircraft's rear light, not either of its side navigation lights.
The priority ladder
Beyond the three geometries sits a ranking between kinds of aircraft that overrides the plain right-hand rule whenever the converging aircraft are not the same category. Power-driven heavier-than-air aircraft give way to airships, gliders and balloons. Airships give way to gliders and balloons. Gliders give way to balloons. Sitting above the entire ladder, every other aircraft gives way to one that is towing something, such as a glider on tow, and to any aircraft known to be in distress.
- Highest priority: aircraft in distress, and aircraft towing another aircraft or object
- Balloons: give way to nothing except the two categories above
- Gliders: give way only to balloons, distressed aircraft and towing aircraft
- Airships: give way to balloons and gliders
- Powered heavier-than-air aircraft: give way to all of the above
Where surface rules ride alongside this topic
The exam often pairs a right-of-way stem with the related surface rule: an aircraft taxiing on the manoeuvring area must give way to aircraft that are landing, about to land, or already taking off. The link is deliberate. Both sets of rules exist to remove ambiguity in exactly the moments when a mistake is least recoverable, so learning them as one family, rather than as two separate lists, pays off whenever the exam blends them into a single scenario.
Worked example
Worked example: a glider and a powered aeroplane converge
A single-engine aeroplane and a glider are converging at approximately the same level, with no towing and no distress involved. Which aircraft must give way?
- AThe glider, because it is on the aeroplane's right
- BThe aeroplane, because a powered heavier-than-air aircraft gives way to a glider
- CNeither, because right-of-way rules only apply to IFR traffic
- DWhichever aircraft is higher, because right of way follows altitude
Show the answer and walkthrough
Correct answer: B
- A. The right-hand rule only settles priority between aircraft of the same category. Here the categories differ, so the priority ladder overrides the right-hand rule entirely.
- B. Correct. The priority ladder ranks gliders above powered heavier-than-air aircraft, so the aeroplane must give way regardless of which side the glider is on.
- C. Right-of-way rules apply to all flights operating with visual reference to other traffic, regardless of whether either flight is operating IFR or VFR. This option misapplies the flight rules distinction.
- D. Right of way between converging aircraft follows category and geometry, never relative altitude. There is no rule that being higher grants priority.
Step by step
- Confirm the geometry: converging at the same level, with no towing or distress mentioned, so this is a pure question of category, not the plain right-hand rule.
- Rank the two categories on the priority ladder: gliders sit above powered heavier-than-air aircraft.
- Apply the ladder: the lower-ranked aeroplane must give way to the glider, regardless of which one has the other on its right.
- Eliminate the distractors: flight rules (IFR or VFR) and relative altitude play no part in this decision.
Common mistakes
Applying the right-hand converging rule across different categories
The right-hand rule only breaks a tie between aircraft of the same category. Between different categories, the priority ladder always wins, and mixing the two is the single most common wrong answer on this topic.
Giving way to the overtaking aircraft instead of the one ahead
The aircraft being overtaken always keeps its right of way. Picking the answer where the overtaking aircraft has priority reverses the rule and costs an otherwise easy mark.
Missing a mention of towing or distress buried in the stem
A glider under tow or an aircraft in distress sits above the entire priority ladder, including balloons. A stem that quietly includes either phrase resets the whole ranking, and overlooking it produces the wrong choice even when the rest of the ladder is memorised correctly.
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Last reviewed July 2026