Civil Aviation Act, 2009 (Act No. 13 of 2009)RegulationsCivil Aviation Regulations, 2011Part 91 : General Aviation and Operating Flight RulesSubpart 6 : Rules of the AirDivision One : Flight Rules91.06.7 Right of way |
| (1) | An aircraft which has the right-of-way, shall maintain its heading and speed, but nothing in these provisions shall relieve the PIC of an aircraft from the responsibility of taking such action as will best avert collision, including collision avoidance manoeuvres based on resolution advisories provided by ACAS equipment. |
| (2) | An aircraft which is obliged, by the provisions of this Subpart, to keep out of the way of another aircraft, shall avoid passing over or under the other aircraft, or crossing ahead of such aircraft, unless passing well clear, taking into account the effects of wake turbulence. |
| (3) | When two aircraft are approaching head-on or approximately so and there is danger of collision, each aircraft shall alter its heading to the right. |
| (4) | When two aircraft are converging at approximately the same level, the aircraft which has the other aircraft on its right, shall give way, except in the following circumstances— |
| (a) | power-driven heavier-than-air aircraft shall give way to airships, gliders and balloons; |
| (b) | airships shall give way to gliders and balloons; |
| (c) | gliders shall give way to balloons; |
| (d) | power-driven aircraft shall give way to aircraft which are— |
| (i) | seen to be towing other aircraft or objects; |
| (ii) | carrying an underslung load or are engaged in winching operations; and |
| (iii) | being towed or tethered. |
| (5) | An aircraft which is being overtaken has the right-of-way and the overtaking aircraft, whether climbing, descending or in horizontal flight, shall keep out of the way of the overtaken aircraft by altering its heading to the right, and no subsequent change in the relative positions of the two aircraft shall absolve the overtaking aircraft from its obligation until such aircraft is entirely past and clear: Provided that where a right-hand circuit is being followed at an aerodrome, the overtaking aircraft shall alter its heading to the left. |
| (6) | An aircraft in flight or operating on the ground or water, shall give way to other aircraft landing or on final approach to land. |
| (7) | When two or more heavier-than-air aircraft are approaching an aerodrome for the purpose of landing, the aircraft at the higher level shall give way to the aircraft at the lower level, but— |
| (a) | the latter aircraft shall not take advantage of this provision to cut in front of another aircraft which is on final approach to land, or to overtake such aircraft; and |
| (b) | power-driven heavier-than-air aircraft shall give way to gliders in all circumstances. |
| (8) | An aircraft about to take-off, shall not attempt to do so until there is no apparent risk of collision with other aircraft. |
| (9) | An aircraft which is aware that another aircraft is compelled to land, shall give way to such aircraft. |
| (10) | For the purposes of this regulation, an overtaking aircraft is an aircraft which approaches another aircraft from the rear on a line forming an angle of less than 70 degrees with the plane of symmetry of the latter aircraft, and will therefore be in such position with reference to the other aircraft, that by night it should be unable to see either of the other aircraft's wingtip navigation lights. |