Baron down at Lagrange Ga, 3 killed

[N747JB]

http://www.wsbtv.com/news/news/local/small-plane-crashes-lagrange-3-onboard/ndYb7/

Not a lot of details, but report says 3 dead, two were doctors.
It was a beautiful day today for flying, they mention avoiding a glider, but who knows?

 

[Jim Logajan]

Guess again--
91.113 ... "However, an aircraft towing or refueling other aircraft has the right-of-way over all other engine-driven aircraft."

Context Please!

Because you left out the context you got the meaning wrong. The portion you quoted only applies while aircraft are converging (d). Landing has its own paragraph (g). A glider being towed has no special right of way in that situation.

 

[Jim Logajan]

Helpful highlights. Red text covers converging, blue covers landing.

§91.113 - Right-of-way rules: Except water operations.

(a) Inapplicability. This section does not apply to the operation of an aircraft on water.

(b) General. When weather conditions permit, regardless of whether an operation is conducted under instrument flight rules or visual flight rules, vigilance shall be maintained by each person operating an aircraft so as to see and avoid other aircraft. When a rule of this section gives another aircraft the right-of-way, the pilot shall give way to that aircraft and may not pass over, under, or ahead of it unless well clear.

(c) In distress. An aircraft in distress has the right-of-way over all other air traffic.

(d) Converging. When aircraft of the same category are converging at approximately the same altitude (except head-on, or nearly so), the aircraft to the other's right has the right-of-way. If the aircraft are of different 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.

However, an aircraft towing or refueling other aircraft has the right-of-way over all other engine-driven aircraft.

(e) Approaching head-on. When aircraft are approaching each other head-on, or nearly so, each pilot of each aircraft shall alter course to the right.

(f) Overtaking. Each aircraft that is being overtaken has the right-of-way and each pilot of an overtaking aircraft shall alter course to the right to pass well clear.

(g) Landing. Aircraft, while on final approach to land or while landing, have the right-of-way over other aircraft in flight or operating on the surface, except that they shall not take advantage of this rule to force an aircraft off the runway surface which has already landed and is attempting to make way for an aircraft on final approach. When two or more aircraft are approaching an airport for the purpose of landing, the aircraft at the lower altitude has the right-of-way, but it shall not take advantage of this rule to cut in front of another which is on final approach to land or to overtake that aircraft.

[Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as amended by Amdt. 91-282, 69 FR 44880, July 27, 2004]

 

[Jim Logajan]

This is clearly incorrect as an aircraft being towed does have right of way over other powered aircraft.

If I apply the claim you make in the quote above to the case where a plane towing a glider is overtaking another plane, I find that the plane being overtaken must give way to the tow plane. How do you reconcile that with paragraph (f) of 91.113?

 

[Jim Logajan]

He did what he was supposed to do. Aircraft in towing or inflight refueling operations have ROW over powered aircraft.

"Aircraft, while on final approach to land or while landing, have the right-of-way over other aircraft in flight or operating on the surface, except that they shall not take advantage of this rule to force an aircraft off the runway surface which has already landed and is attempting to make way for an aircraft on final approach."

The rule you are probably thinking of only applies when aircraft are converging at approximately the same altitude. A lot of people seem to have over-generalized the applicability of the sentence "However, an aircraft towing...."