This is an interseting topic. As a former Captain of a boat, I always went with the bigger boat has the right of way rule of thumb. Not too any situations where it came into play but just the same.

Now in this case where human lives were in flight...I give the vessel with lives the right of way no matter what. No matter how low they were they do not deserve to die because they were in a area where small toys were being used. No matter how you dice it...we fly toy's with no lives aboard.

Kevin