Hawker vs. Glider Midair - with photo!

Ron Natalie wrote:
Larry Dighera wrote:


Because it is my understanding that federal regulations grant gliders
right-of-way over powered aircraft.


Because your understanding is incorrect and not supported by the
construction of the regulation. The only part of the rules that
mention category is one that begins with "Converging other than
head on or nearly so."

It's possible that the glider had the right of way, it's also
possible that he didn't.

In either case, there was DEFINITELY A FAILURE TO SEE (and avoid)
as the jet pilot never saw the glider according to reports (and
I suspect the glider pilot never saw the jet) so the right of
way rules don't seem to have mattered because unless there you
know the other guy is there there's not going to be any manouvering
rules to apply.


You will invariably provoke an argument by making that statement, and
the argument will continue ad infinitum, even after all parties to it
have read and reread the applicable FAR -- though most of your opponents
will understand why you make your claim.

The FAR's are written no more comprehensibly than is the norm for the
Law, from the Constitution down to the lowest traffic regulation.
91.113.(d), even within the full context of 91.113, is just one example
among multitudes. Recent FAR's actually seem to be more poorly written
than those which have been in force for some time, indicating the
problem is no more appreciated by those in charge of writing them today
than ever it was, or we have simply gotten stupider.

If you would care to cite some specific rulings that support your claim,
that would carry some weight. If we go on about it here without such
citations, at the end of 10,000 lines of rant we'll be right back at
this very same spot.


Jack

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Sec. 91.113

http://tinyurl.com/loggu

Right-of-way rules: Except water operations.


(a) Inapplicability. This section does not apply to the operation of an
aircraft on water.
(b) General. When weather conditions permit, regardless of whether an
operation is conducted under instrument flight rules or visual flight
rules, vigilance shall be maintained by each person operating an
aircraft so as to see and avoid other aircraft. When a rule of this
section gives another aircraft the right-of-way, the pilot shall give
way to that aircraft and may not pass over, under, or ahead of it unless
well clear.
(c) In distress. An aircraft in distress has the right-of-way over all
other air traffic.
(d) Converging. When aircraft of the same category are converging at
approximately the same altitude (except head-on, or nearly so), the
aircraft to the other's right has the right-of-way. If the aircraft are
of different categories--
(1) A balloon has the right-of-way over any other category of aircraft;
(2) A glider has the right-of-way over an airship, powered parachute,
weight-shift-control aircraft, airplane, or rotorcraft.
(3) An airship has the right-of-way over a powered parachute,
weight-shift-control aircraft, airplane, or rotorcraft.
However, an aircraft towing or refueling other aircraft has the
right-of-way over all other engine-driven aircraft.
(e) Approaching head-on. When aircraft are approaching each other
head-on, or nearly so, each pilot of each aircraft shall alter course to
the right.
(f) Overtaking. 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.
(g) Landing. Aircraft, while on final approach to land or while landing,
have the right-of-way over other aircraft in flight or operating on the
surface, except that they shall not take advantage of this rule to force
an aircraft off the runway surface which has already landed and is
attempting to
make way for an aircraft on final approach. When two or more aircraft
are approaching an airport for the purpose of landing, the aircraft at
the lower altitude has the right-of-way, but it shall not take advantage
of this rule to cut in front of another which is on final approach to
land or to overtake
that aircraft.

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