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The Laws of Fiji
Last Updated: 15 January 2013

[CIA 13,345] Overtaking91 

91
(1) An aircraft that is being overtaken in the air has the right of way and the overtaking aircraft, whether climbing, descending or in horizontal flight, shall keep out of the way of the other aircraft by altering its heading to the right, and no subsequent change in the relative positions of the 2 aircraft shall absolve the overtaking aircraft from this obligation until it is entirely past and clear.
(2) For the purpose of subregulation (1) an overtaking aircraft is an aircraft that approaches another aircraft from the rear on a line forming an angle of less than 70 degrees with the plane of symmetry of the latter, that is to say, in such a position with reference to the aircraft ahead, that at night it is unable to see either of the forward navigational lights of that aircraft.