Commission Implementing Regulation (EU) No 923/2012Show full title

SERA.3210 Right-of-way

(a) The aircraft that has the right-of-way shall maintain its heading and speed.

(b) An aircraft that is aware that the manoeuvrability of another aircraft is impaired shall give way to that aircraft.

(c) An aircraft that is obliged by the following rules to keep out of the way of another shall avoid passing over, under or in front of the other, unless it passes well clear and takes into account the effect of aircraft wake turbulence.

(1)

Approaching head-on. When two aircraft are approaching head-on or approximately so and there is danger of collision, each shall alter its heading to the right.

(2)

Converging. When two aircraft are converging at approximately the same level, the aircraft that has the other on its right shall give way, except as follows:

(i)

power-driven heavier-than-air aircraft shall give way to airships, sailplanes and balloons;

(ii)

airships shall give way to sailplanes and balloons;

(iii)

sailplanes shall give way to balloons;

(iv)

power-driven aircraft shall give way to aircraft which are seen to be towing other aircraft or objects.

(3)

Overtaking. An overtaking aircraft is an aircraft that approaches another from the rear on a line forming an angle of less than 70 degrees with the plane of symmetry of the latter, i.e. is in such a position with reference to the other aircraft that at night it should be unable to see either of the aircraft’s left (port) or right (starboard) navigation lights. An aircraft that 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 other 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 this obligation until it is entirely past and clear.

(i)

Sailplanes overtaking. A sailplane overtaking another sailplane may alter its course to the right or to the left.

(4)

Landing. An aircraft in flight, or operating on the ground or water, shall give way to aircraft landing or in the final stages of an approach to land.

(i)

When two or more heavier-than-air aircraft are approaching an aerodrome or an operating site for the purpose of landing, aircraft at the higher level shall give way to aircraft at the lower level, but the latter shall not take advantage of this rule to cut in front of another which is in the final stages of an approach to land, or to overtake that aircraft. Nevertheless, power-driven heavier-than-air aircraft shall give way to sailplanes.

(ii)

Emergency landing. An aircraft that is aware that another is compelled to land shall give way to that aircraft.

(5)

Taking off. An aircraft taxiing on the manoeuvring area of an aerodrome shall give way to aircraft taking off or about to take off.

(d) Surface movement of aircraft, persons and vehicles.

(1)

In case of danger of collision between two aircraft taxiing on the movement area of an aerodrome or equivalent part of an operating site, the following shall apply:

(i)

when two aircraft are approaching head on, or approximately so, each shall stop or where practicable alter its course to the right so as to keep well clear;

(ii)

when two aircraft are on a converging course, the one which has the other on its right shall give way;

(iii)

an aircraft which is being overtaken by another aircraft shall have the right-of-way and the overtaking aircraft shall keep well clear of the other aircraft.

(2)

At a controlled aerodrome an aircraft taxiing on the manoeuvring area shall stop and hold at all runway-holding positions unless an explicit clearance to enter or cross the runway has been issued by the aerodrome control tower.

(3)

An aircraft taxiing on the manoeuvring area shall stop and hold at all lighted stop bars and may proceed further in accordance with (2) when the lights are switched off.

(4)

Movement of persons and vehicles at aerodromes:

(i)

The movement of persons or vehicles, including towed aircraft, on the manoeuvring area of an aerodrome shall be controlled by the aerodrome control tower as necessary to avoid hazard to them or to aircraft landing, taxiing or taking off.

(ii)

In conditions where low visibility procedures are in operation:

(A)

persons and vehicles operating on the manoeuvring area of an aerodrome shall be restricted to the essential minimum, and particular regard shall be given to the requirements to protect the ILS/MLS sensitive area(s) when Category II or Category III precision instrument operations are in progress;

(B)

subject to the provisions in (iii) the minimum separation between vehicles and taxiing aircraft shall be as specified by the Air Navigation Service Provider (ANSP) and approved by the competent authority taking into account the aids available;

(C)

when mixed ILS and MLS Category II or Category III precision instrument operations are taking place to the same runway continuously, the more restrictive ILS or MLS critical and sensitive areas shall be protected.

(iii)

Emergency vehicles proceeding to the assistance of an aircraft in distress shall be afforded priority over all other surface movement traffic.

(iv)

Subject to the provisions in (iii), vehicles on the manoeuvring area shall be required to comply with the following rules:

(A)

vehicles and vehicles towing aircraft shall give way to aircraft which are landing, taking off, taxiing or being towed;

(B)

vehicles shall give way to other vehicles towing aircraft;

(C)

vehicles shall give way to other vehicles in accordance with air traffic services unit instructions;

(D)

notwithstanding the provisions of (A), (B) and (C), vehicles and vehicles towing aircraft shall comply with instructions issued by the aerodrome control tower.