Which has the right of way, a small UAS or a manned aircraft?

• A. Manned aircraft have the right of way; you must yield and avoid.
• B. Small UAS has the right of way.
• C. They share rights equally.
• D. The UAS can proceed first if below 100 feet.

Answer: (A)

In airspace where a small UAS and a manned aircraft could conflict, the manned aircraft has priority and the UAS operator must yield and avoid. This priority exists because manned aircraft are piloted, can be harder to maneuver quickly, and the safety risk of a collision is much greater. The remote pilot should take immediate action to stay well clear—altering course, changing altitude, or landing if necessary—while continuing to monitor the situation and maintain visual contact.

Saying the UAS has the right of way, or that rights are shared equally, would ignore the safety hierarchy in the air. There’s also no rule that proceeding first below a certain altitude grants the UAS priority over a manned aircraft. The emphasis is always on avoiding a collision and giving way to manned aircraft.