FAA Flight Instructor Airplane (FIA)Regulations (14 CFR 61/91)Medium
During cruise flight, an airplane is approaching another airplane from behind and slightly to one side, with less than a 70-degree angle from directly astern, making it an overtaking situation. According to 14 CFR 91.113(f), how should this right-of-way conflict be resolved?
- AThe overtaking aircraft has the right-of-way and may pass on either side
- BThe aircraft being overtaken has the right-of-way, and the overtaking aircraft must alter course to the right to pass well clear
- CBoth pilots must climb simultaneously to avoid the conflict
- DThe faster aircraft may pass directly over the slower aircraft at any distance
Show answer & explanationAnswer & explanation
Correct answer: B. The aircraft being overtaken has the right-of-way, and the overtaking aircraft must alter course to the right to pass well clear
14 CFR 91.113(f) states that an aircraft being overtaken has the right-of-way, and the overtaking aircraft shall alter its course to the right to pass well clear, regardless of category. Neither aircraft's altitude relative to the other changes this rule.
Why the other options are wrong
- A. This reverses the rule — the overtaken aircraft has right-of-way, not the overtaking one.
- C. Climbing is not the prescribed method; altering course to the right is required.
- D. Passing directly over is unsafe and not the regulatory method for overtaking.
Right-of-Way – Overtaking (91.113(f))
An aircraft being overtaken has the right-of-way; the overtaking aircraft must alter course to the right and pass well clear, regardless of category of aircraft.
- Overtaken aircraft always has right-of-way
- Overtaking aircraft turns right, never left
- Applies regardless of aircraft category
Memory trick: Overtaking? Always turn right, like passing a car on the highway shoulder.