707 

Federal Aviation Administration, DOT 

§ 91.113 

(3) The instructor is current and 

qualified to serve as pilot in command 
of the airplane, meets the requirements 
of § 61.195(b), and has logged at least 25 
hours of pilot-in-command flight time 
in the make and model of airplane; and 

(4) The pilot in command and the in-

structor have determined the flight can 
be conducted safely. 

(c) No person may operate a civil air-

craft in simulated instrument flight 
unless— 

(1) The other control seat is occupied 

by a safety pilot who possesses at least 
a private pilot certificate with cat-
egory and class ratings appropriate to 
the aircraft being flown. 

(2) The safety pilot has adequate vi-

sion forward and to each side of the 
aircraft, or a competent observer in the 
aircraft adequately supplements the vi-
sion of the safety pilot; and 

(3) Except in the case of lighter-than- 

air aircraft, that aircraft is equipped 
with fully functioning dual controls. 
However, simulated instrument flight 
may be conducted in a single-engine 
airplane, equipped with a single, func-
tioning, throwover control wheel, in 
place of fixed, dual controls of the ele-
vator and ailerons, when— 

(i) The safety pilot has determined 

that the flight can be conducted safely; 
and 

(ii) The person manipulating the con-

trols has at least a private pilot certifi-
cate with appropriate category and 
class ratings. 

(d) No person may operate a civil air-

craft that is being used for a flight test 
for an airline transport pilot certifi-
cate or a class or type rating on that 
certificate, or for a part 121 proficiency 
flight test, unless the pilot seated at 
the controls, other than the pilot being 
checked, is fully qualified to act as 
pilot in command of the aircraft. 

[Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as 
amended by Amdt. 91–324, 76 FR 54107, Aug. 
31, 2011] 

§ 91.111

Operating near other aircraft. 

(a) No person may operate an aircraft 

so close to another aircraft as to create 
a collision hazard. 

(b) No person may operate an aircraft 

in formation flight except by arrange-
ment with the pilot in command of 
each aircraft in the formation. 

(c) No person may operate an air-

craft, carrying passengers for hire, in 
formation flight. 

§ 91.113

Right-of-way rules: Except 

water operations. 

(a) 

Inapplicability.  This section does 

not apply to the operation of an air-
craft on water. 

(b) 

General.  When weather conditions 

permit, regardless of whether an oper-
ation is conducted under instrument 
flight rules or visual flight rules, vigi-
lance shall be maintained by each per-
son operating an aircraft so as to see 
and avoid other aircraft. When a rule of 
this section gives another aircraft the 
right-of-way, the pilot shall give way 
to that aircraft and may not pass over, 
under, or ahead of it unless well clear. 

(c) 

In distress. An aircraft in distress 

has the right-of-way over all other air 
traffic. 

(d) 

Converging.  When aircraft of the 

same category are converging at ap-
proximately the same altitude (except 
head-on, or nearly so), the aircraft to 
the other’s right has the right-of-way. 
If the aircraft are of different cat-
egories— 

(1) A balloon has the right-of-way 

over any other category of aircraft; 

(2) A glider has the right-of-way over 

an airship, powered parachute, weight- 
shift-control aircraft, airplane, or 
rotorcraft. 

(3) An airship has the right-of-way 

over a powered parachute, weight-shift- 
control aircraft, airplane, or rotor-
craft. 

However, an aircraft towing or re-

fueling other aircraft has the right-of- 
way over all other engine-driven air-
craft. 

(e) 

Approaching head-on. When air-

craft are approaching each other head- 
on, or nearly so, each pilot of each air-
craft shall alter course to the right. 

(f) 

Overtaking.  Each aircraft that is 

being overtaken has the right-of-way 
and each pilot of an overtaking aircraft 
shall alter course to the right to pass 
well clear. 

(g) 

Landing.  Aircraft, while on final 

approach to land or while landing, have 
the right-of-way over other aircraft in 
flight or operating on the surface, ex-
cept that they shall not take advan-
tage of this rule to force an aircraft off 

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