He was not breaking any rules.... You were. Go take the refresher course.
Oh, really? Hmmm, perhaps you could use a refresher course, as well :-)
In general, any vessel equipped with a VHF marine radiotelephone (whether voluntarily or required to) must maintain a watch on channel 16 (156.800 MHz) whenever the radiotelephone is not being used to communicate.
Then, there is his failure to acknowledge my horn signal in kind:
(i) In a narrow channel or fairway when overtaking, the power-driven vessel intending to overtake another power-driven vessel shall indicate her intention by sounding the appropriate signal prescribed in Rule 34(c) and take steps to permit safe passing. The power-driven vessel being overtaken, if in agreement, shall sound the same signal and may, if specifically agreed to take steps to permit safe passing. If in doubt, she shall sound the danger signal prescribed in Rule 34(d).
Then, there is the matter of "Good Seamanship", and the argument that could be made that this vessel was being operated in a manner dangerously close to being Not Under Command, and the fact her skipper made no effort whatsoever
to adhere to the spirit and intent of Rule 8:
Rule 8 - Action to Avoid Collision
(a) Any action shall [be taken in accordance with the Rules of this Part and], if the circumstances of the case admit, be positive, made in ample time and with due regard to the observance of good seamanship.
Look, I'm sure some who've read this find my account barely credible... Hell, even after all these years, I still find it hard to believe I came across someone so willing to demonstrate such obstinate stupidity throughout what should be a simple procedure, one that I've repeated thousands of times with other boats... Running that stretch of the ditch on AP is risky enough, though I do it myself all the time with a slow boat... Doing so from the foredeck ratchets up the risk to an unacceptable degree, however. And doing so, when being overtaken by another yacht, well - that's simply off the charts in terms of poor seamanship...
So, in the face of this clown's obstinate refusal to take proper control of his own vessel, and his repeated waving me on
to overtake him (I know that wave, have seen it hundreds of times over the years, it says 'Come on by, no need to slow for me, I'll be fine...'), I resorted to passing him as expeditiously as possible, given the circumstances... In a manner that placed our respective boats side by side and at risk of collision for the least amount of time possible
, and the one that resulted in throwing him LESS wake
- and a wake that should have been far easier for him to manage - than he would have received if I'd passed him slowly, given his refusal to slow from the 8 knots he was making...
And, in this particular case, I think it could be argued that Rule 2 grants me the authority to have made that sort of judgment call:
Rule 2 - Responsibility
(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.
But then again, I suppose I'm just a habitual 'Rule Breaker'... As one who often sails singlehanded, I'm obviously in routine violation of Rule 5 whenever I sail pretty much anywhere in my own little tub... :-)