Both boats bear responsibility. My understanding of ColRegs and my interpretation of the story leads me believe that the “racer” acted irresponsibly by causing what appeared to be a possible collision. This caused the “S” boat to change course to attempt to avoid colliding. ColRegs clearly states that one must avoid collisions no matter who is stand on...
Rule 2 (b) In construing and complying with these Rules due regard shall be had to all dangers of navigation and collision and to any special circumstances, including the limitations of the vessels involved, which may make a departure from these Rules necessary to avoid immediate danger. ...and that is why insurance companies charge more if you admit to racing when they ask you if you will. That type of behavior takes on a higher risk for collision. And there is nothing wrong with that. However, those who pretend that navigating like a racer among non-racing vessels is acceptable are just asking for an accident.
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