Federal Aviation Administration, DOT § 91.113

(3) The instructor is current and (c) No person may operate an air- qualified to serve as pilot in command craft, carrying passengers for hire, in of the airplane, meets the requirements formation flight. of § 61.195(b), and has logged at least 25 hours of pilot-in-command flight time § 91.113 Right-of-way rules: Except in the make and model of airplane; and water operations. (4) The pilot in command and the in- (a) Inapplicability. This section does structor have determined the flight can not apply to the operation of an air- be conducted safely. craft on water. (c) No person may operate a civil air- (b) General. When weather conditions craft in simulated instrument flight permit, regardless of whether an oper- unless— ation is conducted under instrument (1) The other control seat is occupied flight rules or visual flight rules, vigi- by a safety pilot who possesses at least lance shall be maintained by each per- a private pilot certificate with cat- son operating an aircraft so as to see egory and class ratings appropriate to and avoid other aircraft. When a rule of the aircraft being flown. this section gives another aircraft the (2) The safety pilot has adequate vi- right-of-way, the pilot shall give way sion forward and to each side of the to that aircraft and may not pass over, aircraft, or a competent observer in the under, or ahead of it unless well clear. aircraft adequately supplements the vi- (c) In distress. An aircraft in distress sion of the safety pilot; and has the right-of-way over all other air (3) Except in the case of lighter-than- traffic. air aircraft, that aircraft is equipped (d) Converging. When aircraft of the with fully functioning dual controls. same category are converging at ap- However, simulated instrument flight proximately the same altitude (except may be conducted in a single-engine head-on, or nearly so), the aircraft to airplane, equipped with a single, func- the other’s right has the right-of-way. tioning, throwover control wheel, in If the aircraft are of different cat- place of fixed, dual controls of the ele- egories— vator and ailerons, when— (1) A balloon has the right-of-way (i) The safety pilot has determined over any other category of aircraft; that the flight can be conducted safely; (2) A glider has the right-of-way over and an airship, powered parachute, weight- (ii) The person manipulating the con- shift-control aircraft, airplane, or trols has at least a private pilot certifi- rotorcraft. cate with appropriate category and (3) An airship has the right-of-way class ratings. over a powered parachute, weight-shift- (d) No person may operate a civil air- control aircraft, airplane, or rotor- craft that is being used for a flight test craft. for an airline transport pilot certifi- However, an aircraft towing or re- cate or a class or type rating on that fueling other aircraft has the right-of- certificate, or for a part 121 proficiency way over all other engine-driven air- flight test, unless the pilot seated at craft. the controls, other than the pilot being (e) Approaching head-on. When air- checked, is fully qualified to act as craft are approaching each other head- pilot in command of the aircraft. on, or nearly so, each pilot of each air- [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as craft shall alter course to the right. amended by Amdt. 91–324, 76 FR 54107, Aug. (f) Overtaking. Each aircraft that is 31, 2011] being overtaken has the right-of-way and each pilot of an overtaking aircraft § 91.111 Operating near other aircraft. shall alter course to the right to pass (a) No person may operate an aircraft well clear. so close to another aircraft as to create (g) Landing. Aircraft, while on final a collision hazard. approach to land or while landing, have (b) No person may operate an aircraft the right-of-way over other aircraft in in formation flight except by arrange- flight or operating on the surface, ex- ment with the pilot in command of cept that they shall not take advan- each aircraft in the formation. tage of this rule to force an aircraft off

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VerDate Mar<15>2010 18:16 Mar 01, 2012 Jkt 226045 PO 00000 Frm 00715 Fmt 8010 Sfmt 8010 Q:\14\14V2 ofr150 PsN: PC150 § 91.115 14 CFR Ch. I (1–1–12 Edition)

the runway surface which has already B airspace area. Such operations shall landed and is attempting to make way comply with paragraph (a) of this sec- for an aircraft on final approach. When tion. two or more aircraft are approaching (c) No person may operate an aircraft an airport for the purpose of landing, in the airspace underlying a Class B the aircraft at the lower altitude has airspace area designated for an airport the right-of-way, but it shall not take or in a VFR corridor designated advantage of this rule to cut in front of through such a Class B airspace area, another which is on final approach to at an indicated airspeed of more than land or to overtake that aircraft. 200 knots (230 mph). [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as (d) If the minimum safe airspeed for amended by Amdt. 91-282, 69 FR 44880, July any particular operation is greater 27, 2004] than the maximum speed prescribed in § 91.115 Right-of-way rules: Water op- this section, the aircraft may be oper- erations. ated at that minimum speed. (a) General. Each person operating an [Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as aircraft on the water shall, insofar as amended by Amdt. 91–219, 55 FR 34708, Aug. possible, keep clear of all vessels and 24, 1990; Amdt. 91–227, 56 FR 65657, Dec. 17, avoid impeding their navigation, and 1991; Amdt. 91–233, 58 FR 43554, Aug. 17, 1993] shall give way to any vessel or other aircraft that is given the right-of-way § 91.119 Minimum safe altitudes: Gen- by any rule of this section. eral. (b) Crossing. When aircraft, or an air- Except when necessary for takeoff or craft and a vessel, are on crossing landing, no person may operate an air- courses, the aircraft or vessel to the craft below the following altitudes: other’s right has the right-of-way. (a) Anywhere. An altitude allowing, if (c) Approaching head-on. When air- a power unit fails, an emergency land- craft, or an aircraft and a vessel, are ing without undue hazard to persons or approaching head-on, or nearly so, each shall alter its course to the right to property on the surface. keep well clear. (b) Over congested areas. Over any (d) Overtaking. Each aircraft or vessel congested area of a city, town, or set- that is being overtaken has the right- tlement, or over any open air assembly of-way, and the one overtaking shall of persons, an altitude of 1,000 feet alter course to keep well clear. above the highest obstacle within a (e) Special circumstances. When air- horizontal radius of 2,000 feet of the craft, or an aircraft and a vessel, ap- aircraft. proach so as to involve risk of colli- (c) Over other than congested areas. An sion, each aircraft or vessel shall pro- altitude of 500 feet above the surface, ceed with careful regard to existing except over open water or sparsely pop- circumstances, including the limita- ulated areas. In those cases, the air- tions of the respective craft. craft may not be operated closer than 500 feet to any person, vessel, vehicle, § 91.117 Aircraft speed. or structure. (a) Unless otherwise authorized by (d) Helicopters, powered parachutes, the Administrator, no person may op- and weight-shift-control aircraft. If the erate an aircraft below 10,000 feet MSL operation is conducted without hazard at an indicated airspeed of more than to persons or property on the surface— 250 knots (288 m.p.h.). (b) Unless otherwise authorized or re- (1) A helicopter may be operated at quired by ATC, no person may operate less than the minimums prescribed in an aircraft at or below 2,500 feet above paragraph (b) or (c) of this section, pro- the surface within 4 nautical miles of vided each person operating the heli- the primary airport of a Class C or copter complies with any routes or al- Class D airspace area at an indicated titudes specifically prescribed for heli- airspeed of more than 200 knots (230 copters by the FAA; and mph.). This paragraph (b) does not (2) A powered parachute or weight- apply to any operations within a Class shift-control aircraft may be operated

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