Case 33: In the photo below, assume that W9414 has capsized on port tack while racing.

Does he still have to keep clear of right-of-way boats? Why (not)?

Answer:
No. Rule 23, to be found in section D of Part 2 of the RRS, states: " If possible, a boat shall avoid a boat that is capsized or has not regained control after capsizing, is anchored or aground, or is trying to help a person or vessel in danger. ..."  Again, the preamble to section D states: "When rule 22 or 23 applies between two boats, Section A rules do not."

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