What is Right of way?
Under 14 CFR § 107.37, drones must yield right of way to all manned aircraft. This is absolute — drones must give way regardless of position, altitude, or who 'saw whom first.'
§ 107.37 codifies a single rule: small unmanned aircraft systems must yield right of way to all crewed aircraft. There's no equivalent of the right-of-way pecking order that applies between manned aircraft (gliders > balloons > rotorcraft > etc.). For drones, every other aircraft has right of way.
In practice, this means: • Always be ready to immediately descend, land, or move out of the way of any approaching aircraft • Maintain VLOS partly so you can detect approaching aircraft • Operate well below typical manned aircraft altitudes (400 ft AGL keeps you below most general aviation pattern altitudes) • Never assume an aircraft has seen you — they almost certainly haven't
Violation of § 107.37 is treated seriously by the FAA, particularly when the drone caused a near-miss or evasive action by manned aircraft. Civil penalties and certificate action are common.
What this means for pilots
Always have a quick descend or land plan ready. If you hear an aircraft, descend immediately to ground level — verifying VLOS before resuming. Manned pilots can't see you most of the time; you have to see and avoid them.
FAQ
Do recreational pilots have the same rule?
Yes. Under 49 USC 44809 and CBO guidelines, recreational drones yield to all manned aircraft.
What about other drones?
Right of way between drones is governed by basic see-and-avoid principles. The strict §107.37 rule is specifically about manned aircraft.
What if a manned aircraft is below 400 ft AGL?
Sometimes happens — agricultural aircraft, helicopters, ultralights. Yield immediately. Their reason for being there is irrelevant; you yield.
Related terms
FAA regulations change. Verify current rules at faa.gov/uas before relying on this article for flight planning. Altoa is not the FAA.