An over taking boat has no rights until or unless they are two boat lengths to leeward at sometime while overlapped. An example if this could be an A Cat pointing much higher than a Hobie 16 (as an example) to be able to come from behind, get overlapped while still two boat lengths to leeward. If a boat becomes overlapped while passing and was not 2 boat lengths to leeward they can drive off to that two boat length distance to establish the rights.