During an overtaking situation, which aircraft has the right of way?

In an overtaking situation, the aircraft being overtaken has the right of way. This principle is based on the rules of flight operations, which prioritize the safety of the aircraft that is already in a position ahead of another. When one aircraft is overtaking another, it is vital for the overtaking aircraft to ensure adequate separation and avoid any potential collision, making it the responsibility of the overtaking pilot to exercise caution and maintain visual awareness of the aircraft being overtaken.

The rationale here lies in promoting safe maneuvering practices; it prevents a scenario where faster aircraft could disrupt traffic by cutting in front of slower ones. This rule is integral to maintaining order and predictability in airspace management, ensuring that the aircraft being overtaken can proceed unhindered while the overtaking aircraft executes its maneuver responsibly.