Quote
Except where Rules 9, 10, and 13 otherwise require:

(a) A power-driven vessel underway shall keep out of the way of:

1. a vessel not under command;
2. a vessel restricted in her ability to maneuver;
3. a vessel engaged in fishing;
4. a sailing vessel.

(b) A sailing vessel underway shall keep out of the way of:

1. a vessel not under command;
2. a vessel restricted in her ability to maneuver;
3. a vessel engaged in fishing.

US Coast Guard Navigation Center

So we in a sailboat have the right of way under ANY tack against a maneuverable powerboat under way. YES, I agree that it doesn't mean we should always assume that stupid poweboaters will give way. In fact, I assume just the opposite. But you can't avoid what you can't see. If it were another sailing vessel, since we were on port tack, we would have had to give way. But we would have seen it at some point. It's not like Danny wasn't looking downwind under the boom at ALL! The Bayliner was traveling at close to 40mph when it hit us. It came up on us so fast and so sudden there was no way we could've avoided or even maneuvered the Hobie fast enough to get out of the way.


A couple of things to add to the discussion (not necessarily to this particular accident):

Any boat overtaking another has to keep clear. Sail or power.

The fishing boat thing listed above is a narrow definition the mostly covers commercial type operations. Bobby Joe trawling for rockfish doesn't count, although he might disagree.

As the privileged vessel in crossing situations, you have a responsibility to make it easier for the other boat to maneuver away. And this generally means you need to hold course for as long as possible. Of course, this needs to be balanced against picking a bail-out point to avoid collision if it comes to that.

Pirates of the Chesapeake
WRCRA