Open Note to Another Captain

[Dave R]

Originally Posted by Descant

Is this right?
Barney is on course. Vessel #2 approaches from his starboard stern quarter at a higher rate of speed. Barney wisely is keeping a 360 degree look out. So Barney is being overtaken, and has the ROW. #2 moves into Barney's forward starboard quarter and now #2 has the ROW, although still at a higher rate of speed. At some point, Barney slows to avoid a too close approach of the two vessels to each other. Well done, regardless of where the two boats were in the transition of ROW from one to the other. Yes, it probably would have been a safer passage if #2 had altered course and passed behind Barney. #2 should have, in my opinion, done that while Barney still had the obvious ROW. In 49 states without a 150; rule I think this would have been an unremarkable event. (We don't know how close the boats were or for how long, or at what speed except one was faster than the other.)

IMO, vessel #2 in the description above is always the burdened vessel and cannot legally maintain a collision course. It should have slowed or turned to port to pass behind Barney. I don't believe you can legally transition from the give-way vessel to the stand-on vessel (assuming the original stand-on vessel stands on) by simply overtaking on the starboard side. That said, I get that someone could interpret the rules that way.