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RIGHT OF WAY AT NON TOWERED AIRPORTS
I received several Emails about the proper sequencing of aircraft on approach
and landing, prompted by my comments last month about right-of-way at non-towered airports. The rules for all right-of-way
situations are found in CFR 91.113. The specific section that deals with landing aircraft is 91.113(g) which states that “Aircraft,
while on final approach ...have the right of way over other aircraft in flight or operating on the surface...” Sounds
simple but if we examine the statute in the context of case law, we see that the courts have held to a broad interpretation
of this section.
Case law indicates that the runway must be cleared by a landing aircraft before you begin your takeoff.
In E.G.Comer, 2 NTSB 2025 the court was faced with a pilot that had begun his takeoff on a runway that was occupied by a landing
aircraft. In this case the landing plane had to back taxi to exit the runway. The court stated that the landing aircraft had
“not completed his landing, nor does any aircraft complete its landing until it has cleared the active runway. An aircraft
may not commence its departure until...the runway has been vacated.” This decision would imply that taxing into position
while waiting for an aircraft to vacate the runway, would be a violation at a non-towered airport.
If the pilot commencing
his/her takeoff is aware of an aircraft on final approach, the pilot may be subjected to strict liability. In Garvey v Hamelman
a departing aircraft and a landing aircraft collided at the intersection of two runways. The departing aircraft was found
to be strictly liable for having failed to yield the right of way to the landing aircraft. In such a case, the facts often
do not matter. Strict liability is attached to the departing aircraft by virtue of the fact, that the landing aircraft had
the right of way.
In another case, the respondent pilot commenced his takeoff between two landing aircraft. The landing
aircraft touched down and respondent taxied into position, while the second aircraft was on final. The pilot of the departing
aircraft was found to be in violation for “commencing his takeoff while another aircraft was on final approach.”
Here we see a great argument for standard arrival procedures at non-towered airport. If you extend your downwind, you will
be on final for a longer period of time and therefore interfere with departures. If you make a short approach, you may find
yourself on final too early and therefore cause a departing aircraft to have to hold, where he may have been able to depart
if you made a normal downwind approach. The fact that you know another aircraft is on final approach, is enough to stop you
from departing. The fact that you can depart safely will not erase your liability.
If everyone is communicating at
non-towered fields there is no reason why we can’t time our landings and approaches in such a way as to accommodate
each aircraft safely. But before commencing any takeoff, be sure that no aircraft is still on the runway surface and none
are on final for the runway. To do otherwise, would be a violation of the regs.
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