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Right-of-Way Rules and Yielding to Manned Aircraft

FAA ACS ? Task I.B: Operating Rules

Manned aviation has a fairly involved right-of-way hierarchy under 14 CFR Part 91, ranking aircraft categories against each other. Part 107 replaces all of that complexity with one simple, absolute rule for small unmanned aircraft: yield to everything, every time. This lesson covers 14 CFR 107.37 in full, including exactly what "yielding" means operationally and the separate collision-hazard prohibition layered on top of it.

107.37Right-of-way regulation
100%Of encounters sUAS must yield in
3Things sUAS must not pass (over/under/ahead)
0Category-based exceptions

The yield requirement: give way to everything

Small unmanned aircraft must yield the right-of-way to all aircraft, airborne vehicles, and launch and reentry vehicles. Note the breadth of this list ? it isn't limited to manned airplanes and helicopters; it also includes other airborne vehicles and, notably, launch and reentry vehicles associated with commercial space operations, reflecting how varied the traffic sharing the National Airspace System can be. Under Part 107, there is no scenario where a small unmanned aircraft has the right-of-way over another aircraft or airborne vehicle.

14 CFR 107.37(a) ? small UAS "must give way to the aircraft or vehicle and may not pass over, under, or ahead of it unless well clear."

What "give way" means operationally

The regulation is specific about what yielding actually requires in practice: the small unmanned aircraft may not pass over, under, or ahead of the other aircraft or vehicle unless well clear of it. This means a remote pilot who spots an approaching aircraft cannot simply continue on the same flight path and assume the other aircraft will maneuver around the drone ? the sUAS must actively give way, whether that means descending, moving laterally clear, or otherwise creating genuine separation, well before any close encounter develops.

A separate, independent collision-hazard prohibition

Beyond the yield requirement itself, 107.37 separately prohibits operating a small unmanned aircraft so close to another aircraft as to create a collision hazard. This means even a technically "yielding" maneuver that still brings the aircraft dangerously close to another aircraft can independently violate the rule ? yielding late or yielding insufficiently doesn't fully satisfy the regulation if a collision hazard was created in the process.

No complex category hierarchy like Part 91

Manned pilots studying for a Part 61 certificate learn a right-of-way hierarchy under 14 CFR 91.113 ranking categories of aircraft against each other (for example, balloons generally have right-of-way over most other categories, gliders over airplanes, and so on). Part 107 does not import any of that complexity for small unmanned aircraft ? the rule is simply that sUAS always yields, regardless of what type of manned aircraft it encounters. This is a genuinely simpler rule than manned aviation's, and test-takers coming from a Part 61 background should be careful not to assume the more complex hierarchy applies here.

Real-world scenario: an agricultural drone and an approaching crop duster

A pilot conducting a field survey spots a crop-dusting aircraft approaching at low altitude on a converging path. Under 107.37, the drone must give way immediately ? the pilot descends and moves the aircraft laterally clear of the crop duster's path well before any close encounter, rather than continuing the survey pattern and hoping the manned aircraft adjusts course. Even though the manned pilot may also be watching for the drone, Part 107 places the yielding obligation squarely on the small unmanned aircraft.

Diagram showing a small unmanned aircraft yielding by descending and moving laterally clear of an approaching manned aircraft's flight path, illustrating the 14 CFR 107.37 give-way requirement

Small UAS must always yield to manned aircraft ? no category-based exceptions like Part 91's hierarchy.

View Larger
ElementRequirementNotesRegulation
Who sUAS yields toAll aircraft, airborne vehicles, and launch/reentry vehiclesNo exceptions by aircraft category14 CFR 107.37(a)
How to yieldMust not pass over, under, or ahead unless well clearActive maneuvering required, not passive hope14 CFR 107.37(a)
Collision hazardProhibited independent of the yield requirementLate or insufficient yielding can still violate this clause14 CFR 107.37
Category hierarchyNone ? sUAS always yields regardless of the other aircraft's typeSimpler than Part 91's 91.113 hierarchy for manned aircraft14 CFR 107.37
MistakeWhy it happensCorrect understandingRegulation / source
"There's a category hierarchy like Part 91, where balloons yield to gliders, etc."Confusing Part 107's rule with manned aviation's more complex 91.113 hierarchySmall UAS always yields to everything under 107.37 ? no category-based ranking exists for sUAS.14 CFR 107.37
"If I don't actually collide, I've satisfied 107.37."Focusing only on the outcome rather than the yielding processThe rule requires actively giving way ? not passing over, under, or ahead unless well clear ? independent of whether a collision actually occurs.14 CFR 107.37(a)
"Right-of-way rules only apply to manned airplanes."Underestimating the scope of "aircraft, airborne vehicles, and launch/reentry vehicles"The yield requirement covers a broad range of aircraft and vehicles, not just conventional airplanes.14 CFR 107.37(a)

Does a small UAS ever have the right-of-way under Part 107?

No. Under 14 CFR 107.37, small unmanned aircraft must always yield to all aircraft, airborne vehicles, and launch/reentry vehicles ? there is no scenario under standard Part 107 where the sUAS has priority.

Does the manned-aviation right-of-way hierarchy (balloons, gliders, etc.) apply to drones?

No. That hierarchy is specific to Part 91 encounters between manned aircraft categories. Part 107's rule for small UAS is simpler: yield to everything, regardless of the other aircraft's category.

What specifically counts as "giving way" under 107.37?

Not passing over, under, or ahead of the other aircraft or vehicle unless well clear of it ? an active maneuver to create genuine separation, not simply continuing on the same path and hoping for the best.

Test Your Knowledge

Answer the questions below to check your understanding. Every answer can be found in the lesson above.

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