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Rules of the Air - who has right of way? (Question 2 of 2)...

Okay, so I have one more question about right of way on the ground…

(Again, this is about the UK)

If an aircraft is overtaking another on the ground, must it pass to the left of the aircraft being overtaken, or may it pass on either side?

SERA.3210 states:

(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 …
(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.

but the Pooley’s Air Law exam preparation manual states that the overtaking aircraft shall

keep out of the way by altering its course to the left. Interestingly, the ICAO rule … makes no mention as to the direction the overtaking aircraft must turn, implying that the overtaking aircraft may pass to either side.

(my emphasis)

So if the ICAO says pass either side, and SERA says that too, why does it think you have to overtake on the left? Was that some pre-2015 rule that just hasn’t been updated in the text book? Or am I missing something more obvious?

EGSP, United Kingdom

Giler wrote:

Or am I missing something more obvious?

Is this the first time you have taken a test like this? Questions/Rules like this on a test are the reason so many people “teach to the test” or “learn to pass the test” rather than try to understand the sense of information so it can be used in the real world.

I have not taken a UK air law test, but I have in the US and Switzerland – which are very similar but in different languages – and usually the answers presented to any question are either really obvious, or so unclear that you have to guess. If you can’t find someone that has taken this test and seen the answer to this question, then you are probably going to have to try to chose the right answer based on the exact question they ask.

This situation is very rare, and like the other question you asked, ATC will provide guidance. If you are on a gigantic airport but with no ATC and you are faced with these scenarios, just do what’s safest and let the others know what you are doing. Or just stop and wait 3 minutes until things clear themselves out.

Fly more.
LSGY, Switzerland

There are no ICAO “rules”, you need to find the actual thing in the law you operate in? SERA, ANO, AIP? you will find the answer in AiP GEN, search for filed differences vs ICAO and likely you will find it

On exam, the right answer is the one that scores in the test…

Paris/Essex, France/UK, United Kingdom

I seem to remember that when I took my IR theory there was a line in the manuals that " all answers will be based on ICAO and only distinct questions about differences should be included."
EG in air law what is the process by which a country can file a difference to ICAO?
How does France differ from ICAO in terms of x y or z?
That ,was a while ago now so things may well have changed and PPL was even further back.

France

That’s a pre-SERA rule which can be found in repealed versions of the UK Rules of the Air Regulations. The justification for doing it to the left was to ensure the pilot, in the aircraft being overtaken, had a better view of the overtaking aircraft.

London, United Kingdom

Thanks, Qalupalik. You are correct! I had checked all the extant legislation, as per Ibra’s comment, which was why I was surprised there was no mention of this supposed rule, but I hadn’t checked repealed statute.

Rules of the Air Regulations 2007 (subsequently repealed); s.43 (5) “A flying machine which is overtaking another flying machine shall keep out of the way of the other flying machine by altering its course to the left”

So it transpires that the ‘official’ test book hasn’t been updated properly and has a now-incorrect question/answer pair on it.

Last Edited by Giler at 20 Nov 14:47
EGSP, United Kingdom

Get used to poorly worded at best, deliberately obfuscated at worst, exam questions. Makes me hopping mad.

Pig
If only I’d known that….
EGSH. Norwich. , United Kingdom

So it transpires that the ‘official’ test book hasn’t been updated properly and has a now-incorrect question/answer pair on it.

Pooley’s shouldn’t be considered as “official”, the best is to complain to them directly about it.

EGKR, United Kingdom
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