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2
Chapter 3
6. When overtaking or passing, the boat being passed has
the right of way.
In general, boats with less maneuverability have right-
of-way over more agile craft. The skipper must keep
his craft clear of the following vessels:
• A vessel not under command or aground; due to their
circumstances, these vessels have no maneuverability.
• A vessel restricted in its maneuverability; these vessels
usually are performing work which limits their
maneuverability such as surveying, dredging, laying pipe or
cable, or servicing navigational markers among others.
• A vessel engaged in fishing; these include boats fishing
with lines, trawls or nets, but not trolling lines.
• Sailboats; they have the right-of-way over powerboats.
However, if a sailboat is using a prop to move forward, it is
considered a powerboat even if the sails are up.
• The unwritten “rule of tonnage”generally applies. Basically
a smaller tonnage vessel should take every effort to avoid
close quarters with a larger tonnage vessel. One way to
accomplish this is to have a designated human lookout to
“eyeball” the horizon for any developing collision course.
• Use defensive driving skills on the waterway just as you
do on the roadway. Remember that the “rules of the road”
may not be known by the other vessel. Be alert and ready to
take immediate action.
• If a collision course is unavoidable neither boat has the
right of way. Both boats must react to avoid an accident
according to the rules of the road.

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