Understanding Right of Way: The Simple Rules That Are Easy to Forget

On a busy summer afternoon, there’s a moment every boater eventually faces: another vessel is approaching, neither of you is slowing down, and both operators are quietly wondering, who’s supposed to move?

Right of way on the water isn’t about politeness or size. It’s governed by a clear, and often misunderstood, set of rules. There has never been a better time to read up on the International Regulations for Preventing Collisions at Sea, also known as COLREGS.

At the core to understanding 'Right of Way' are three basic encounter types: crossing, overtaking, and head-on.

In a crossing situation, the boat on your starboard (right) side has the right of way. That means if another vessel is approaching from your right, you are the “give-way” vessel. You must alter course early and obviously. The biggest mistake boaters make here is hesitating or making small, unclear adjustments. If you’re giving way, make it obvious.

Head-on situations are simpler in theory but are still frequently mishandled. When two boats approach directly, both should alter course to starboard, essentially passing port-to-port. Yet many operators either freeze or make last-second moves that create confusion.

Then there’s overtaking, which is arguably the most straightforward rule that still causes issues. If you’re coming up from behind another vessel, you are always the give-way vessel, regardless of boat size or speed. The overtaking vessel must keep clear of the vessel being overtaken until it is “finally past and clear.” However, where things really break down is in real-world interpretation. Boaters often assume “bigger boat wins” or “faster boat goes first.” Neither is true. What's even more misunderstood is that just because you have the right of way doesn’t mean you should hold your course blindly. The stand-on vessel is required to maintain course, but also to act if a collision becomes likely. The responsibility for keeping clear remains firmly with the overtaking vessel.

And then there are the exceptions and nuances. Sailboats under sail typically have right of way over powerboats, and vessels restricted in their ability to maneuver (like ferries or commercial ships) take priority over nearly everyone. With sailboats, they have the right of way when under sail or when encountering a powered vessel in a crossing or head-on situation. This is strictly for when a sailboat encounters a powered vessel. COLREGS has different rules if two sailboats encounter one another, or if the sailboat is under power (i.e., sails up and using its engine). There are also different rules if you're in a navigational (narrow) channel. Vessels that can safely navigate only within the channel (i.e., commercial ships that need the deep water marked in the channel) have priority. A vessel under 20 metres (65 feet) or a sailing vessel must not impede a vessel that can only navigate safely within the channel. In other words, in a navigation channel, the requirement not to impede vessels that are restricted to the channel takes precedence.

Be sure to know where you stand as a recreational powerboater.

Remember, the right of way isn’t strictly about entitlement. It's also about predictability. The safest thing you can do isn’t just follow the rules, it's also to make your intentions clear to everyone around you.

Because out on the water, confusion and inattention, not speed, is responsible for most close calls.

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