Right of way (SERA.3210)

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

Learning objective: For any encounter in the air or on the ground you can state who gives way and how — and you know the three cases in which the hierarchy of aircraft categories does not apply.

60 seconds: You are in the cruise, an aeroplane appears ahead to your right at your level, tracks converging. Who gives way? You do — because you have the other aircraft on your right. And if that same aircraft is coming straight at you? Then both alter heading to the right, whatever the type. Those two sentences cover half of the exam questions on right of way.

General (ICAO)

ICAO Annex 2 §3.2.2 Right-of-way and its European implementation SERA.3210 define who maintains heading and who gives way. One principle first: right of way never relieves anyone of the duty to avoid a collision — not even the aircraft that has right of way.

Basic rules

1. The aircraft that has right of way maintains its heading and speed.
2. The aircraft giving way shall avoid passing over, under or in front of the other unless it passes well clear — because of wake turbulence and the risk of cutting across the flight path.
3. An aircraft that is aware of another in the air or on the ground shall not approach so closely as to create a collision hazard.

Converging tracks

When two aircraft are converging at approximately the same level, the one that has the other on its right shall give way. Never phrase it as "the one coming from the right has priority because it flies from right to left" — the only test is: traffic on my right ⇒ I give way.

This rule does not apply where the hierarchy of aircraft categories (below) says otherwise.

Head-on

When two aircraft are approaching head-on or approximately so and there is a risk of collision, each shall alter its heading to the right. The rule is type-agnostic: an aeroplane and a sailplane both turn right. The category hierarchy plays no role here.

"A sailplane is coming at me head-on — as a powered aeroplane I give way per the hierarchy and he flies straight on." That is false. Head-on, both alter heading to the right; the hierarchy applies only to converging tracks and overtaking.

Overtaking

An aircraft is overtaking when it approaches another from behind at an angle of less than 70° to the plane of symmetry (i.e. from the sector where at night it could not see the other's navigation lights).

• The aircraft being overtaken has right of way.
• The overtaking aircraft alters its heading to the right and keeps clear until it is completely past — climbing or descending does not change this.
• Exception, sailplane overtaking sailplane: a sailplane overtaking another sailplane may alter heading to the right or to the left (ridge and thermal flying).

Hierarchy of aircraft categories

On converging tracks the more manoeuvrable category gives way. From the top (right of way) downwards:

Memory aid: balloon → sailplane → airship → powered. In addition: power-driven aircraft shall give way to aircraft which are seen to be towing other aircraft or objects.

Towing and banner towing

A tow combination (glider tow, banner tow) is restricted in manoeuvrability: it cannot turn, climb or descend freely. This is therefore a separate exception, not a matter of the plain converging rule: if you see an aircraft that is evidently towing, you give way — even when the tow is on your left and the plain converging rule would give you right of way.

Aircraft restricted in manoeuvrability

Aircraft with restricted manoeuvrability (tows, formations, aircraft in an emergency, aircraft with visible limitations) are given priority. The cockpit rule: whoever can manoeuvre less is not the one forced to manoeuvre.

Landing and final approach

• An aircraft in flight or on the ground shall give way to aircraft landing or in the final stages of an approach to land.
• When two aircraft are approaching to land, the higher shall give way to the lower — but the lower shall not cut in front of or overtake the other on final approach.
• An aircraft known to be making an emergency landing has priority over all others.
• After landing, vacate the runway without delay.

Taxiing on the ground

• Converging taxiways: the aircraft with the other on its right gives way.
• Head-on: both stop or alter heading to the right.
• Overtaking on the ground: the overtaking aircraft keeps clear.
• Taxiing aircraft give way to aircraft taking off or about to take off.

Europe (EASA / EU)

SERA.3210 in Reg (EU) No 923/2012 implements Annex 2 §3.2.2 as directly applicable EU law; paragraphs (d) head-on, (e) converging, (f) overtaking and the landing rules mirror the ICAO text. SERA.3201 makes clear that nothing in these rules relieves the pilot of the responsibility to avoid collisions, including the proximity rule in SERA.3205.

Germany (national)

The LuftVO applies supplementarily where SERA leaves room (e.g. traffic-circuit procedures and local rules). The substance of right of way comes from SERA.3210 — national rules do not replace it.

Exam essentials

• On converging tracks, the aircraft that has the other on its right gives way.
• Head-on, both aircraft alter heading to the right — type-agnostic, no hierarchy.
• Hierarchy: balloon → sailplane → airship → power-driven aircraft; power-driven aircraft also give way to aircraft seen to be towing.
• The aircraft giving way shall avoid passing over, under or in front of the other unless well clear.
• Overtaking = approach from behind at an angle below 70°; the overtaker alters heading to the right, the aircraft overtaken has right of way.
• A sailplane overtaking a sailplane may pass right or left.
• Give way to landing traffic and traffic on final; of two aircraft landing, the higher gives way to the lower, and the lower must not cut in on final.
• Taxiing aircraft give way to aircraft taking off.