nebbian said..boardsurfr said..
Your understanding is wrong. The "pass on the right rule" applies only to two power boats. If a power boat and a sailboat (or windsurfer or kite surfer) meet, the sailboat has the right of way, unless the powerboat is a commercial vessel. For two sailboats (or windsurfers) on opposite tacks, the starboard sailor keeps course, and the port sailor changes course, always applies, not just for an imminent collision. If a collision is imminent, both sailors have the obligation to do whatever they can to avoid it. When changing course as the port sailor, changing to a downwind course if preferred (but not absolutely required).
I think you're splitting hairs here.
No, not really. Notwal said "Yes the according to the regs you should pass by the right". There are no such "regs" for sailboats, but there is a "pass on the right" rule for powerboats. Sailboats on port tack have to change course to avoid collision with a boat on a starboard tack, but they can choose whether to go upwind or downwind. A windsurfer on a port tack on a collision course with a kiter will typically adjust course upwind rather than downwind, if at possible, especially when the kiter has the lines low or does not seem to be in full control.
The more worrisome thing is that power boating rules and sailboard rules differ with respect to which boat must change course. Here's a powerboat diagram:
For sailboats on the same course, things can be different:
If the windsurfer or kiter on one side knows only the powerboat rules, and the one on the other side knows the sailboard rules, we have a problem. They'll either both keep their course, or both change it, which is likely to keep them on a collision course - just closer now.
In many parts of the world, you have to take an exam for powerboats (and thus learn the right-of-way rules), but not for windsurfing or kitesurfing. Even someone who takes formal instruction in windsurfing or kitesurfing and hears about the right-of-way rules may not appreciate the difference between "starboard keeps course" and "starboard
tack keeps course". I have seen experienced instructors fall into that trap.
That leaves us with quite a few different categories of kiters (and windsurfers):
1. Those who don't know any right-of-the-way rules
2. Those who don't care about right-of-the-way rules
3. Those who follow powerboat rules
4. Those who'd like to follow sailboat rules, but don't have control
5. Those who know and follow the sailboat rules
6. Those who alway stay out of your way, regardless of rules
At some spots, the vast majority seems to fall into the first 4 categories. No wonder some spots in Germany require the equivalent of driver's licenses for windsurfers or kiters!
More ramblings at
boardsurfr.blogspot.com/2015/03/two-sets-of-right-of-way-rules.html