BGAAR vs. FAR 91.113
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BGAAR vs. FAR 91.113
I recently got into one of those "full and frank exchange of views" things with a fellow claiming to be an FAA CFI.
He wrote that an airplane has right-of-way over a helicopter, citing a mnemonic, BGAAR. This was a new one to me, even though I had experience working in the States as a CFI in the Seventies and Eighties. I pointed out that there was nothing in the FAR that stated that as such.
He shot back with this:
"All students use the BGAAR acronym as do instructors when teaching....never had an issue and never heard of students having an issue on their oral with an examiner or with a Fed using the BGAAR acronym for right of way.
"Send a letter to the FAA for a legal interpretation from the chief counsel for clarification because local FSDO's interpret the reg in such a way that BGAAR is correct. You have plenty of time on your hands. Please waste their time not mine. They get paid to deal with annoying individuals."
That's pretty good as snark, but not quite correct nor to the point.
Googling that mnemonic led to these mentions:
https://quizlet.com/88250588/right-o...r-flash-cards/
Urban Dictionary: BGAAR
Right-Of-Way
What is BGAAR definition Meaning of "BGAAR"
and so on. BGAAR does seem to be widely used and taught, in fact, but that does not necessarily make it correct. (We still see mentions of "flicker vertigo" being taught, for example, even though that was debunked years ago.)
The thing is, though, FAR 91.113 as written only gives right-of-way to three 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.
The fact that rotorcraft are listed last in (2) and (3), above, does not mean, strictly read, that a rotorcraft comes last in having right-of-way; everything except an airship is equal when it comes to that, with no preference given simply according to the order in which they are listed. That order seems to be the basis for this BGAAR notion, however.
As to the claim that "local FSDO's interpret the reg in such a way that BGAAR is correct," an FAA Air Safety Inspector attached to a FSDO replied to my direct query that interpretations of regulations can only come from FAA lawyers headquartered in Washington, D. C.
He did say that if he were dealing with a violation then he would "note that Airplanes, Powered Parachutes, Weight Shift Control Aircraft and Rotorcraft all receive exactly the same treatment in the wording of the regulation, independent of the order they are written in." From that we can see that the assumption inherent in BGAAR must be incorrect, that airplanes have right-of-way over rotorcraft simply going by the way that airplanes come first in order of being named.
My question here is, how many FAA CFIs use BGAAR? Also, how many FAA CFIs believe that airplanes have right-of-way over rotorcraft according to BGAAR?
He wrote that an airplane has right-of-way over a helicopter, citing a mnemonic, BGAAR. This was a new one to me, even though I had experience working in the States as a CFI in the Seventies and Eighties. I pointed out that there was nothing in the FAR that stated that as such.
He shot back with this:
"All students use the BGAAR acronym as do instructors when teaching....never had an issue and never heard of students having an issue on their oral with an examiner or with a Fed using the BGAAR acronym for right of way.
"Send a letter to the FAA for a legal interpretation from the chief counsel for clarification because local FSDO's interpret the reg in such a way that BGAAR is correct. You have plenty of time on your hands. Please waste their time not mine. They get paid to deal with annoying individuals."
That's pretty good as snark, but not quite correct nor to the point.
Googling that mnemonic led to these mentions:
https://quizlet.com/88250588/right-o...r-flash-cards/
Urban Dictionary: BGAAR
Right-Of-Way
What is BGAAR definition Meaning of "BGAAR"
and so on. BGAAR does seem to be widely used and taught, in fact, but that does not necessarily make it correct. (We still see mentions of "flicker vertigo" being taught, for example, even though that was debunked years ago.)
The thing is, though, FAR 91.113 as written only gives right-of-way to three 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.
The fact that rotorcraft are listed last in (2) and (3), above, does not mean, strictly read, that a rotorcraft comes last in having right-of-way; everything except an airship is equal when it comes to that, with no preference given simply according to the order in which they are listed. That order seems to be the basis for this BGAAR notion, however.
As to the claim that "local FSDO's interpret the reg in such a way that BGAAR is correct," an FAA Air Safety Inspector attached to a FSDO replied to my direct query that interpretations of regulations can only come from FAA lawyers headquartered in Washington, D. C.
He did say that if he were dealing with a violation then he would "note that Airplanes, Powered Parachutes, Weight Shift Control Aircraft and Rotorcraft all receive exactly the same treatment in the wording of the regulation, independent of the order they are written in." From that we can see that the assumption inherent in BGAAR must be incorrect, that airplanes have right-of-way over rotorcraft simply going by the way that airplanes come first in order of being named.
My question here is, how many FAA CFIs use BGAAR? Also, how many FAA CFIs believe that airplanes have right-of-way over rotorcraft according to BGAAR?
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Be careful where you get your advice from, it could kill you.
I passed my FAA Commercial two months ago in the USA at a large and well regarded school, and have only a vague recollection of anybody using that acronym. Much as they love their acronyms over there, I think for rights of way, we simply remembered it but it was in some of the books.
That said, googling it, the interpretation I find online is...
Balloons
Gliders
Airships
Aeroplanes and Rotorcraft.
Which would match all our normal understanding anyhow.
G
That said, googling it, the interpretation I find online is...
Balloons
Gliders
Airships
Aeroplanes and Rotorcraft.
Which would match all our normal understanding anyhow.
G
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91.113 is pretty clear. But not definitive. It doesn't line up with BGAAR as you already say. And BGAAR doesn't mention towing either. But BGAAR is good airmanship. My goto for this would be the AIM ? but I don't think it has anything on this.
91.113 is taken from ICAO Annex 2 rules of the air and is the same in most countries.
91.113 is taken from ICAO Annex 2 rules of the air and is the same in most countries.
Of course in the old CAA Air Law 2 exam, you would get questions such as an aeroplane towing a glider meeting another towing a banner - which one has right of way? A sneaky question in an exam with a 100% pass mark requirement. Fortunately those days are long gone!
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Whilst the theory is fine in the air the rules don't seem to be so straightforward. In an actual situation I've found it's down to the one who can do something about the collision to avoid it. A glider isn't going to stand on to a 747 while shouting BGAAR out of the window. They will use their superior manueverability to deftly step out of the way.
