"Jeff Morris" wrote in message ...
Capt. Neal® wrote:

"Jeff Morris" wrote in message ...

This is a meaningless comment. You're only saying that an alternate version of the sailing rules could have been invented - one
that doesn't include the overtaking rule. For example, the yacht racing rules handle overtaking quite differently. However,
they are not the issue here. The Colregs are quite clear the Rule 13 takes priority, and it is the responsibility of the
overtaking vessel to avoid getting so close that it can't keep clear of the overtaken vessel.


But it's not meaningless. Take any two sailboats on any point of sail
where overtaking takes place and the situation is already covered by
one of the three sailing rules. If the sailing rules are followed, then there is no need for Rule 13. For sailboats, Rule 13 is
superfluous.
This is why Rule 13 is qualified by the notwithstanding word.

Are you now questioning the meaning of "notwithstanding"? Clearly Rules 12 and 13 have different implications for which vessel is
Give-way in some situations. This is why they included the word "notwithstanding" to say that Rule 13 take priority.



I can't say it any plainer than that. All it takes for you to disprove
what I am saying is to come up with one scenario where if two sailboats
are following the rules that an extra rule covering overtaking is needed.

Whether an extra rule is "needed" is irrelevant. The rule is there and it explicitly takes priority. You can't ignore the rules
as written because you think you could have a smaller set that is self-consistent.


Rule 13 cannot take priority over the sailing rules. It has no standing to do
so. When one follows the sailing rules then Rule 13 never has a chance to
even come into play. It is not needed so how can it take priority?

In order to follow rule 13 one would have to abandon the sailing rules.
One would be put in the uncomfortable situation of having to choose at
what point to abandon one rule in order to follow another. You know
as well as I do that that's bullcrap! As long as one follows the sailing
rules one is operating entirely legally. As soon as one deviates from
the sailing rules one is acting entirely illegally.

CN