When one aircraft overtakes another, which one has the right-of-way?

The aircraft being overtaken.

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  1. The faster, overtaking aircraft
  2. The higher aircraft
  3. The aircraft being overtaken ✔

Why: The aircraft being overtaken has the right-of-way. The overtaking pilot must alter course to the right to pass well clear.

Huh, didn't know that: An aircraft in distress has the right-of-way over all other air traffic.

The dad joke
The overtaken pilot is the only one in the sky who gets to say, 'After you.'
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References

Answer: The aircraft being overtaken. The aircraft being overtaken has the right-of-way. The overtaking pilot must alter course to the right to pass well clear.

  1. 14 CFR 91.113, Right-of-way rules (eCFR) www.ecfr.gov/api/renderer/v1/content/enhanced/current/title-14?part=91&section=91.113
    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.
    Checked 2026-10-11.

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