Air LawLektion 22 von 64
22/64Rules of the Air — ICAO Annex 2 / SERA

Right of way (SERA.3210)

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Right of Way — SERA.3210 / Annex 2 §3.2.2

General (ICAO)

ICAO Annex 2 §3.2.2 Right of way: when two aircraft meet, standard avoidance rules apply.

Basic rules

  1. Aircraft with right of way maintains course and speed.
  2. Aircraft without right of way gives way — usually to the right and below the other.

Head-on encounter

When an aeroplane and a glider approach on opposite courses, both need to evade to the right:

  • Both turn right.
  • Even between aircraft and glider: both right.

Crossing courses — right-before-left

If two aeroplanes are flying on crossing tracks, the aircraft which flies from right to left has the right of priority:

  • Pilot sees aircraft on the lefthas right of way (maintains course).
  • Pilot sees aircraft on the rightmust evade (typically pass underneath).

When two aircraft on intersecting courses at similar altitudes converge, such as a pilot observing a banner-towing airplane to their left, the observing aircraft (approaching from the right relative to the towing plane) must evade, as the towing aircraft has the right-of-way.

Aircraft-type hierarchy (priority descending)

  1. Balloons (no steering possible).
  2. Gliders (limited control).
  3. Aircraft with towed objects (banners, glider tow).
  4. Powered aircraft (normal).

→ Glider has priority over powered aircraft; balloon over glider.

Overtaking

  • Overtaker evades to the right.
  • Overtaken maintains course.

Take-off and landing

  • Aircraft on approach have priority over other ground traffic.
  • Lower aircraft (closer to ground on final) has priority.

Europe (EASA / EU)

SERA.3210 equivalent in content to Annex 2 §3.2.2. Directly applicable in EU.

Germany (national)

SERA applies directly. National additions in LuftVO are largely identical.

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