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Re: who had right away?
Tend to? More like, almost always. Why? Because no one has "right of way" in this situation (and certainly not "right away").
There is a "give-way" vessel, and there is a "stand-on" vessel, but in the end BOTH have the responsibility to avoid a collision. If you "stand-on" all the way into a collision, when you could have done something to avoid it, then you are just as much at fault as the "give-way" vessel that didn't.
I think that too many people believe this is like driving a car, and that if they have "right of way" then any accident that happens is going to be considered the other guy's fault. Nope. Doesn't work that way. Not even close.
I definitely agree with the terminology in this statement. People need to get the phrase "right of way" out of their brains. It seems to cause a mindset of "I'm right, and I'm not going to yield my position until an accident occurrs".
Phrases like "stand-on", "give way", I feel more accurately describe the circumstances and lend to a mindset that BOTH parties are responsible for avoiding a collision, no matter who is "right".
S/V Old Shoes
1973 Pearson 30 #255