Every Part 107 flight shares the sky with someone. Most days the low-altitude airspace looks empty, but crop dusters, medical helicopters, news and utility helicopters, hot air balloons and small planes all work at heights that overlap with drones. When paths cross, federal rules leave no doubt about who moves. Under 14 CFR § 107.37, the drone always gives way.
This explainer covers the Part 107 right of way rule in plain terms: the exact text, what "yield" means in practice, how it connects to the visual line of sight and visual observer rules, and the situations where it matters most. It is general information, not legal advice.
The text of § 107.37
Here is the full section as published in the Electronic Code of Federal Regulations, 14 CFR § 107.37 (checked Oct 23, 2026):
§ 107.37 Operation near aircraft; right-of-way rules.
(a) Each small unmanned aircraft must yield the right of way to all aircraft, airborne vehicles, and launch and reentry vehicles. Yielding the right of way means that the small unmanned aircraft must give way to the aircraft or vehicle and may not pass over, under, or ahead of it unless well clear.
(b) No person may operate a small unmanned aircraft so close to another aircraft as to create a collision hazard.
Two short paragraphs, two separate duties. Paragraph (a) is about who gives way. Paragraph (b) is about distance.
Paragraph (a): the drone yields to everyone
The first sentence of § 107.37(a) is as broad as it gets: a small unmanned aircraft "must yield the right of way to all aircraft, airborne vehicles, and launch and reentry vehicles." There is no exception for small planes, slow aircraft, or aircraft that seem to be flying too low. If it is in the air and it is not your drone, you give way.
The second sentence defines what yielding means. The drone "must give way to the aircraft or vehicle and may not pass over, under, or ahead of it unless well clear." In practice that means:
- Give way early. Don't wait to see whether the other aircraft changes course. It may never see you.
- Don't cut across its path. Passing ahead of an aircraft is specifically named. Neither is ducking under or climbing over it unless you are well clear.
- Descend, hold or land. For most small drones, the simplest way to give way is to descend and move away from the other aircraft's path, or land until it has passed.
Part 107 doesn't put a number on "well clear." That is deliberate. The judgment belongs to the remote pilot in command, based on the other aircraft's speed, direction and altitude, and the safest call is usually more distance than you think you need.
Paragraph (b): no collision hazard
Paragraph (b) adds a separate rule: "No person may operate a small unmanned aircraft so close to another aircraft as to create a collision hazard." This applies even when you technically are not in an aircraft's path. Flying near a hovering helicopter to "get the shot," following an aircraft for footage, or holding position close to a landing area can all create a collision hazard without the drone ever crossing ahead of anyone.
Notice the wording "no person." Like several Part 107 rules, it applies to more than the remote pilot in command. Anyone operating the drone is covered.
Why the burden is on the drone
The rule makes practical sense once you look at it from the cockpit. A small drone is very hard to see from a manned aircraft moving at speed. And Part 107 aircraft generally do not show up on the electronic systems many pilots use to spot traffic: under 14 CFR § 107.52, no person may operate a small UAS under Part 107 "with a transponder on," and under § 107.53, not "with ADS-B Out equipment in transmit mode," unless otherwise authorized by the Administrator. The drone crew is the one in a position to see the conflict and avoid it, so the rule places the duty there.
How § 107.37 connects to see-and-avoid rules
Right of way only works if someone is watching the sky. Two neighboring sections make sure someone is.
- Visual line of sight. Under 14 CFR § 107.31, the remote pilot in command, the visual observer (if used) and the person manipulating the controls must be able to see the drone in order to, among other things, "observe the airspace for other air traffic or hazards."
- Visual observers. Under § 107.33, when a visual observer is used, the crew must coordinate to "scan the airspace where the small unmanned aircraft is operating for any potential collision hazard." Our guide to the Part 107 visual observer explains how that role works on a real job.
When the pilot is busy framing a shot or watching a mapping mission on a tablet, a visual observer scanning for traffic is often the difference between spotting a helicopter early and spotting it late.
Situations where right of way matters most
Agricultural aircraft
Aerial applicators routinely work very low over fields, often turning hard at the field edges and making repeated passes. A drone mapping, inspecting or photographing near farmland can be right in that path. If you hear or see an ag aircraft working nearby, land or move well away from the field and its turns, and wait until the work is done. When flying on farm property, ask the landowner whether any application flights are scheduled.
Medical and public safety helicopters
Air ambulances and law enforcement helicopters land at accident scenes, hospitals and fields with little warning. Near highways, hospitals and emergency scenes, expect helicopters that come in low and fast. If one approaches, give way immediately and land if needed.
Low-level helicopters and other traffic
Utility patrols along power lines and pipelines, news helicopters, tour flights, balloons, gliders and skydivers all show up at drone altitudes. Remember that the rule covers "all aircraft, airborne vehicles, and launch and reentry vehicles," not only airplanes.
Near airports
Traffic is most concentrated around airports, heliports and seaplane bases. Under § 107.43, no person may operate "in a manner that interferes with operations and traffic patterns at any airport, heliport, or seaplane base." In controlled airspace you will also need authorization, and our explainer on LAANC authorization under Part 107 covers how that works. An authorization does not change § 107.37. You still yield to every aircraft you encounter.
Can § 107.37 be waived?
Partly. The list of waivable regulations in 14 CFR § 107.205 includes "Section 107.37(a)—Yielding the right of way." Paragraph (b), the collision-hazard rule, is not on that list. Without a waiver that specifically covers it, assume both paragraphs apply to every flight.
Practical habits that keep you compliant
- Brief the crew. Before launch, agree on who scans for traffic and what the call-out and response will be (for example, "traffic, descending and holding").
- Listen as well as look. Helicopters and ag aircraft are often heard before they are seen.
- Plan an escape. Know where you will descend or land if an aircraft appears, especially on mapping missions that run on autopilot.
- Keep altitude modest near likely traffic. Lower altitudes and shorter legs give you more room to give way.
- Record encounters. Note any aircraft you yielded to, what you did and when. A habit of logging flights makes this easy; see how drone flight log software can keep those records organized alongside your other flight data.
Quick checklist for § 107.37
- Is someone on the crew watching the sky, not just the screen? (§ 107.31, § 107.33)
- If an aircraft appears, will the drone give way without passing "over, under, or ahead of it unless well clear"? (§ 107.37(a))
- Is the drone anywhere close enough to another aircraft to "create a collision hazard"? (§ 107.37(b))
- Near an airport, are you staying out of traffic patterns and holding the right authorization? (§ 107.43)
- Did you write down any encounters and how you responded?
The rule fits in two sentences, and the takeaway fits in three words: the drone yields.
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