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Right of Way in the Air

Updated: Sources checked on 3 November 2026

In short

The aircraft with right of way keeps its heading and speed. Head-on, both turn right; when converging, the aircraft that has the other on its right gives way; when overtaking, the overtaking aircraft turns right. Landing aircraft have right of way, and when converging the order of precedence is balloon, sailplane, airship, power-driven aircraft, with the first named having right of way.

The right-of-way rules are in SERA.3210. They set out who gives way when two aircraft meet.

The basic rules

  • The aircraft that has the right of way keeps its heading and speed.
  • An aircraft that is aware that another aircraft has impaired manoeuvrability gives way to it.
  • An aircraft that must give way avoids passing over, under or in front of the other, unless it passes well clear and takes the effect of wake turbulence into account.
  • No aircraft may be operated in such proximity to other aircraft as to create a collision hazard.

Head-on, converging, overtaking

Head-on

When two aircraft approach head-on or approximately so and there is danger of collision, each alters its heading to the right.

Converging

When two aircraft converge at approximately the same level, the aircraft that has the other on its right gives way. There are exceptions by aircraft type, see the table below.

Overtaking

An overtaking aircraft is one that approaches another from the rear on a line forming an angle of less than 70° with the plane of symmetry of the other. In that position you cannot see either the left or the right navigation light of the other aircraft at night. The aircraft being overtaken has right of way. The overtaking aircraft keeps out of the way by altering its heading to the right, whether it is climbing, descending or in horizontal flight. This applies until it is entirely past and clear. A sailplane overtaking another sailplane may alter its course to the right or to the left.

Landing and take-off

  • An aircraft in flight, or operating on the ground or water, gives way to aircraft landing or in the final stages of an approach to land.
  • When several heavier-than-air aircraft approach an aerodrome to land, the higher gives way to the lower. The lower must not cut in front of an aircraft in the final stages of an approach to land or overtake it. Power-driven heavier-than-air aircraft nevertheless give way to sailplanes.
  • An aircraft that is aware that another is compelled to land gives way to it.
  • Aircraft taxiing on the manoeuvring area give way to aircraft taking off or about to take off.

Exceptions by aircraft type

When converging, these exceptions apply to the basic rule:

Aircraftgives way to
power-driven heavier-than-air aircraftairships, sailplanes and balloons
airshipsailplanes and balloons
sailplaneballoons
any power-driven aircraftaircraft seen to be towing other aircraft or objects

So when converging, the order of precedence is balloon, then sailplane, then airship, then power-driven heavier-than-air aircraft. Aeroplanes and helicopters are power-driven heavier-than-air aircraft. Under SERA a sailplane also includes hang gliders, paragliders and other comparable craft.

What the EASA syllabus says

The EASA syllabus for the PPL(A) theoretical knowledge lists the general rules, except water operations, in the subject Air Law under “Annex 2: Rules of the air”. In SERA the section with the right-of-way rules is called “General rules and collision avoidance”.

Sources

  1. 1. Commission Implementing Regulation (EU) No 923/2012 (SERA), consolidated version of 01.05.2025 (EUR-Lex, Article 2, Section 3 (heading), SERA.3205, SERA.3210, accessed 3 November 2026)
  2. 2. Easy Access Rules for Aircrew (Regulation (EU) No 1178/2011), Revision October 2026 (EASA, AMC1 FCL.210; FCL.215 (PPL theoretical knowledge syllabus), subject 1 Air Law and ATC Procedures, accessed 3 November 2026)

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