1.3 Right-of-Way & Hang Glider Specific Rules

Right-of-Way

Right-of-Way – General (CAR 602.19)

1. Even if you have the right of way, you must take action to avoid a collision if necessary.

2. If you are aware that another aircraft is in an emergency situation, you must give way to that other aircraft.

3. If you are converging with another aircraft at approximately the same altitude, and the other aircraft is on your right, you must give way except as follows:

   1. a power-driven, heavier-than-air aircraft must give way to airships, gliders, parachutes and balloons;

   2. an airship must give way to parachute and balloons;
   3. a glider must give way to parachute and balloons; and

   4. a power-driven aircraft must give way to aircraft that are seen to be towing gliders or other objects or carrying a slung load.

4. If you have to give the right of way to another aircraft, you cannot not pass over or under, or cross ahead of the other aircraft unless passing or crossing at a distance that will not create a risk of collision.

5. When you are approaching another aircraft head-on or approximately heads on, you must alter your heading to the right.

6. An aircraft that is being overtaken has the right of way. If you are overtaking another aircraft, you must pass that aircraft to the right.

7. If you are approaching an aerodrome for the purpose of landing, you must give the right of way to any aircraft at a lower altitude that is also approaching the aerodrome for the purpose of landing.

8. You cannot take-off or land in an aircraft until there is no apparent risk of collision with any aircraft, vessel, vehicle or structure in the take-off or landing path.

Note

There are no right-of-way regulations with respect to ridge lift and thermal flights in the CARs. The appropriate regulations (really guidelines) are issued by the HPAC/ACVL and hang glider pilots should observe them. The sailplane community uses the same ones.

Hang Glider Specific Rules

Hang Glider and Ultra-light Aeroplane Operation (CAR 602.29)

1. You cannot fly a hang glider:

   1. at night. Night is considered the time commencing one-half hour after sunset and ending one-half hour before sunrise;

   2. in IFR flight;

   3. unless the hang glider is equipped with a suitable means of restraint that is attached to the primary structure of the aircraft;

   4. unless the hang glider is equipped with a radio communication system adequate to permit two-way communication on the appropriate frequency when the hang glider is operated within Class D airspace or a Mandatory Frequency (MF) area.

   5. while carrying another person on board unless the flight is conducted for the purpose of providing dual flight instruction;

   6. unless each person on board is wearing a protective helmet.

2. You can operate a hang glider in controlled airspace:

   1. within five nautical miles from the centre of an airport or within a control zone of an uncontrolled airport if you obtained permission from the airport operator; or

   2. within a control zone of a controlled airport if you have obtained an air traffic control clearance by two-way voice communication from the air traffic control unit of the airport.

3. You may operate a hang glider in Class E airspace if:

   1. the pilot:

      1. is at least 16 years of age;
      2. is in possession of a Category 1, 3 or 4 medical certificate, and

      3. has obtained a grade of not less than 60 percent on a Department of transport written examination pertaining to the Canadian Aviation Regulations, air traffic procedures, flight instruments, navigation, flight operations and human factors respecting hang glider operations in Class E airspace i.e. the HAGAR examination.

   2. the hang glider is equipped with a magnetic compass and altimeter;
   3. the flight is a cross-country flight; and

   4. you informs the nearest flight service station (FSS) of the time of departure and estimated duration of the flight in Class E airspace.

Compliance with Air Traffic Control Instructions and Clearances (CAR 602.31)

1. You must comply with and acknowledge, to the appropriate air traffic control unit, all of the air traffic control instructions directed to and received by you.
2. You must comply with all of the air traffic control clearances received and accepted by you.
3. In the case of a VFR flight, read back to the appropriate air traffic control unit the text of any air traffic control clearance received, when so requested by the air traffic control unit.