In an overtaking situation, what is the responsibility of the overtaking vessel?

• A. The overtaking vessel should pass on the port side
• B. The overtaking vessel should maintain speed only
• C. The overtaken vessel must yield to the overtaking vessel
• D. The overtaking vessel must keep out of the way of the other

Answer: (D)

The key idea is that the vessel overtaking must keep out of the way of the vessel being overtaken. Under the rule for overtaking, the overtaking vessel is responsible for taking early and substantial action to pass safely, which usually means adjusting speed and/or course as needed. You may pass on either side if it can be done safely, not just on the port side. Merely maintaining speed does not satisfy the requirement to stay clear. The overtaken vessel is not required to yield; instead, the responsibility to avoid collision rests with the overtaking vessel, which must ensure safe passage. Thus, the correct obligation is for the overtaking vessel to keep out of the way of the other.