Right of Way at Sea: Who Gives Way and Why

One of the most common questions from new boaters is deceptively simple: when two boats meet, who has to move? The answer under the COLREGs is not about who is bigger, faster, or got there first. It is about a defined set of roles and a hierarchy of vessel types that applies the same way across Europe and around the world. Once you understand that hierarchy, most exam questions and most real encounters become straightforward.

This guide explains the give-way system in plain language. It covers the two roles every vessel takes in an encounter, the pecking order of vessel types, and the one principle that overrides everything: avoiding a collision comes first, always.

Give-Way and Stand-On: Two Roles, One Encounter

Whenever a risk of collision exists between two vessels, the COLREGs assign each one a role. The give-way vessel is required to keep out of the way. It should take early, clear action, normally by altering course, reducing speed, or both, and it should avoid crossing ahead of the other vessel. The stand-on vessel is required to maintain its course and speed, so that the give-way vessel can predict where it will be and manoeuvre safely around it.

Think of it as a dance where one partner leads and the other follows a known path. Trouble happens when both try to lead, or when the follower suddenly changes direction. That is exactly why the rules insist the stand-on vessel holds steady. Predictability is safety.

There is one crucial exception. If the give-way vessel fails to act and a collision looks likely, the stand-on vessel must then take action of its own. Standing on to the point of collision because “I had right of way” is never acceptable and would be judged a breach of the rules.

The Hierarchy of Vessels

When two power-driven vessels meet, the crossing, overtaking and head-on rules decide who gives way based on geometry. But when different types of vessel meet, the COLREGs set out a pecking order based on how easily each can manoeuvre. In general terms, a more manoeuvrable vessel gives way to a less manoeuvrable one. From the vessel that must give way most often to the one that others must keep clear of, the order runs roughly like this:

• A power-driven vessel underway generally gives way to almost everyone else.
• A sailing vessel gives way to the categories below it but stands on against power-driven vessels.
• A vessel engaged in fishing (with nets, lines or trawls that restrict movement) is given way to by power and sailing vessels.
• A vessel restricted in her ability to manoeuvre, for example one laying cables or engaged in dredging, sits higher still.
• A vessel not under command, one unable to manoeuvre due to some exceptional circumstance, sits at the top.

A useful memory aid many sailors use is the phrase built from the initials of these categories, but the core idea to carry into the exam is simple: the harder it is for a vessel to get out of the way, the more the rules protect it, and the more everyone else must keep clear.

Special Cases That Trump the Hierarchy

A few situations sit outside or above the basic hierarchy and are worth learning as distinct rules.

Overtaking is the big one. Any vessel overtaking another must keep clear of the vessel being overtaken, regardless of type. A sailing yacht overtaking a power boat still gives way. Once you are overtaking, you stay the give-way vessel until you are well past and clear.

Vessels constrained by their draught, such as a large ship confined to a deep channel, must be treated with great care by smaller craft even though the rule stops short of giving them absolute priority. In narrow channels, small vessels and sailing vessels must not impede a larger vessel that can only navigate safely within the channel.

Finally, seaplanes and, in some waters, high-speed craft have their own guidance, but for most recreational exams the vessel hierarchy above is what you need.

The Rule That Overrides Everything

Behind the whole system sits Rule 2, often called the rule of good seamanship. It reminds skippers that the regulations do not excuse you from taking any precaution that ordinary practice or the special circumstances of the case require. In plain terms: no rule gives you a licence to cause a collision. If departing from the normal rules is the only way to avoid an accident, you must do so. Right of way is a tool for preventing collisions, never a reason to insist on your path into danger.

Putting It Into Practice

The fastest way to make this second nature is to picture real encounters and name the roles out loud. Power boat meeting a yacht under sail: the power boat gives way. Two power boats crossing: the one that sees the other on its starboard side gives way. Someone overtaking you from astern: they keep clear. In the boatingexamine course you can drill dozens of these scenarios in exam format until identifying the give-way vessel takes you a fraction of a second.

FAQ

Does a bigger boat always have right of way? No. Size alone does not decide right of way. Manoeuvrability does. That said, common sense and Rule 2 mean you should give a very large ship plenty of room, especially in a narrow channel where it may be unable to alter course for you.

If I have right of way, can I just hold my course no matter what? You must hold your course and speed as the stand-on vessel, but only up to the point where it becomes clear the give-way vessel is not keeping clear. At that point you are required to take your own avoiding action. Never stand on into a collision.

Who gives way when a sailing boat meets a fishing boat? A sailing vessel keeps clear of a vessel engaged in fishing, because the fishing vessel with gear deployed is less able to manoeuvre. The sailing vessel only has priority over ordinary power-driven vessels.