I may be wrong here, but if the sail boat is under sail (not power by a motor) it has the right of way. Maybe, the Navy needs a stiff fine.
5. Who has the "right of way" on the water? The Navigation Rules convey a right-of-way only in one particular circumstance: to power-driven vessels proceeding downbound with a following current in narrow channels or fairways of the Great Lakes , Western Rivers, or other waters specified by regulation (Inland Rule 9(a)(ii)). Otherwise, power-driven vessels are to keep out of the way (Rule 18) and either give-way (Rule 16) or stand-on (Rule 17) to vessels not under command or restricted in their ability to maneuver, sailing vessels or vessels engaged in fishing, and, similarly vessels should avoid impeding the safe passage of a vessel constrained by her draft (Rule 18(d)), navigating a narrow channel (Rule 9) or traffic separation scheme (Rule 10). The Rules do not grant privileges they impose responsibilities and require precaution under all conditions and circumstances; no Rule exonerates any vessel from the consequences of neglect (Rule 2). Neglect, among other things, could be not maintaining a proper look-out (Rule 5), use of improper speed (Rule 6), not taking the appropriate actions to determine and avoid collision (Rule 7 & 8) or completely ignoring your responsibilities under the Rules.
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