Simply change it to say, when two boats meet and one is coming downwind under spinnaker, and the other is going upwind with only a mainsail and/or jib, the spinnker flying boat has the right of way.
What if the boats are on opposite tacks? What if the boat sailing downwind is flying a genoa or a gennaker? What if the boat flying a spinnaker is sailing on a reach instead of downwind? What if the boat not flying a spinnaker is sailing on a reach instead of upwind? What covers the case of a boat sailing downwind on a converging course but is obscured by the spinnaker?
Picture this scenerio: Three boats A, B, and C. A is sailing upwind under main and jib. B and C are sailing downwind on the same tack towards A. B is to leeward of C and not flying a spinnaker. C is to windard and is flying a spinnaker. Under this suggested rule, A has right-of-way over B. B has right-of-way over C. C has right-of-way over A. When they converge, who has to give room to whom?
I think a boat sailing upwind would likely have difficulty understanding the rules if right-of-way changed depending on the sails the other boat was using.
I wouldn't characterize this change as "simple".
Regards,
Eric
