Definition
A phase of flight wherein an aircraft commander of a State-operated aircraft assumes responsibility to separate his or her aircraft from all other aircraft. This is in contrast to operating under the rules of an air traffic control authority. Due regard operations are typically conducted by U.S. military aircraft engaged in operational missions outside U.S.-controlled airspace where compliance with International Civil Aviation Organization (ICAO) procedures is not practical or permitted.
Plain English
When a military pilot is flying a mission that can't follow the normal air traffic rules, the pilot personally takes on the job of staying clear of every other aircraft, instead of relying on a controller to keep traffic separated.
Context Anchor
Seen in air traffic and international operations discussions, especially involving military or other government aircraft.
Derivation
The phrase comes from international law language meaning 'with proper care and consideration.' In aviation it carries that same flavor: the commander is being trusted to act with full responsibility for the safety of others, rather than handing that duty to a controller.
Why Pilots Care
It defines the safety standard military aircraft must meet when they are not participating in the civil air traffic system, directly affecting collision avoidance decisions.
Intuition Check
Due Regard does not just mean “being careful” or “being polite.” In this FAA use, it means a specific responsibility: the aircraft commander is responsible for keeping clear of other aircraft.
Example Sentence 1
The military aircraft departed controlled airspace and continued the mission operating under due regard.
Example Sentence 2
Controllers noted the military flight was operating with due regard and issued traffic advisories anyway.