250-011-0060 Conduct of Vessels in Sight of One Another (1) 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) 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; (b) When both have the wind on the same side, the vessel which is to windward shall keep out of the way of the vessel which is to leeward; and (c) If a vessel with the wind on the port side sees a vessel to windward and cannot determine with certainty whether the other vessel has the wind on the port or on the starboard side, it shall keep out of the way of the other; (d) For the purpose of this section the windward side shall be deemed to be the side opposite to that on which the mainsail is carried or, in the case of a square-rigged vessel, the side opposite to that on which the largest fore-and-aft sail is carried. (2) Notwithstanding anything contained in OAR 250-011-0050 through 250-011-0060 any vessel overtaking any other shall keep out of the way of the vessel being overtaken. A vessel shall be deemed to be overtaking when coming up with another vessel from a direction more than 22.5 degrees abaft its beam; that is, in such a position with reference to the vessel it is overtaking, that at night it would be able to see only the sternlight of that vessel but neither of its sidelights. When a vessel is in any doubt as to whether it is overtaking another, it shall assume that this is the case and act accordingly. Any subsequent alteration of the bearing between the two vessels shall not make the overtaking vessel a crossing vessel within the meaning of these rules or relieve it of the duty of keeping clear of the overtaken vessel until it is finally past and clear. (3) Unless otherwise agreed, when two power-driven vessels are meeting on reciprocal or nearly reciprocal courses so as to involve risk of collision each shall alter its course to starboard so that each shall pass on the port side of the other. Such a situation shall be deemed to exist when a vessel sees the other ahead or nearly ahead and by night it could see the masthead lights of the other in a line or nearly in a line or both sidelights and by day it observes the corresponding aspect of the other vessel. When a vessel is in any doubt as to whether such a situation exists it shall assume that it does exist and act accordingly. (4) When two power-driven vessels are crossing so as to involve risk of collision, the vessel which has the other on its starboard side shall keep out of the way and shall, if the circumstances of the case admit, avoid crossing ahead of the other vessel. (5) Every vessel which is directed to keep out of the way of another vessel shall, so far as possible, take early and substantial action to keep well clear. (6) Where one of two vessels is to keep out of the way, the other shall keep its course and speed: (a) The latter vessel may, however, take action to avoid collision by its maneuver alone, as soon as it becomes apparent to it that the vessel required to keep out of the way is not taking appropriate action in compliance with these rules; (b) When, from any cause, the vessel required to keep its course and speed finds itself so close that collision cannot be avoided by the action of the give-way vessel alone, it shall take such action as will best aid to avoid collision. A power-driven vessel which takes action in a crossing situation in accordance with section (7)(a) of this rule to avoid collision with another power-driven vessel shall, if the circumstances of the case admit, not alter course to port for a vessel on its own port side. This rule does not relieve the give-way vessel of its obligation to keep out of the way. (7) Except where OAR 250-011-0050(5) and section (2) of this rule otherwise require: (a) A power-driven vessel underway shall keep out of the way of: (A) A vessel not under command; (B) A vessel restricted in its ability to maneuver; (C) A vessel engaged in fishing; and (D) A sailing vessel. (b) A sailing vessel underway shall keep out of the way of: (A) A vessel not under command; (B) A vessel restricted in its ability to maneuver; and (C) A vessel engaged in fishing. (c) A vessel engaged in fishing when underway shall, so far as possible, keep out of the way of: (A) A vessel not under command; and (B) A vessel restricted in its ability to maneuver. Statutory/Other Authority: ORS 830 Statutes/Other Implemented: ORS 830.110 History: OSMB 7-2016, f. 6-30-16, cert. ef. 7-1-16 OSMB 4-2016(Temp), f. & cert. ef. 5-2-16 thru 8-31-16 Renumbered from 250-011-0010, OSMB 5-2015, f. 6-26-15, cert. ef. 7-1-15 MB 1-1985, f. & ef. 1-29-85 MB 14-1983, f. 11-29-83, ef. 12-1-83