The leeward boat has right-of-way and the windward boat has to keep clear or give way.

Sailing vessel right of way. I When each has the wind on a different side the vessel which has the wind on the port side shall keep out of the way of the other. A When two sailing vessels are approaching one another so as to involve risk of collision one of them shall keep out of the way of the other as follows. A sailing vessel using its motor is considered to be power vessel even though sails motor sailing may be hoisted.

In the case of ships the whole San Francisco Bay is considered to be channeled so that ships always have right of way in the Bay. Next to the bottom of the totem pole of right-of-ways and sailboat are not even sailing all the time so only when they are actually sailing and not overtaking anyone at all or dealing with any of the aforementioned situations. Sailors refer to the boat with right-of-way as the stand-on vessel-the boat that must hold its course.

When two power driven boats are approaching at right angles or nearly so and risk of collision exists the boat on the right is the stand-on vessel has the right of way and must hold its course and speed. As defined a sailing vessel is under sail only if. The only situation where a sailing vessel will be a give-way vessel is when its overtaking a power-vessel.

If the leeward boat was on a starboard tack then the windward boat would be the give way boat no matter which tack the windward vessel was on port gives way to starboard or same tack windward gives way to leeward. The other boat the give-way vessel shall maneuver to keep clear of the stand-on vessel and shall pass it. Which boat is the leeward boat.

Sailboats under sail generally have right of way over most recreational powerboats because sailboats are assumed to have more restricted maneuverability than powerboats for example a sailboat cannot turn and sail straight into the wind to avoid a collision. When things go wrong. Recreational boating as we know it today didnt exist.

A sailing vessel is obligated to keep out of the way of a vessel engaged in fishing a vessel restricted in her ability to maneuver a vessel not under command and avoid impeding the safe passage of a vessel constrained by her draft. Yachts should stay well clear of these vessels. A sailboat that is sailing generally has the right of way over motorboats.