[Pricestavern]

"IV. When vessels are running in the same direction and the vessel which is astern desires to pass the other, it shall do so only when sufficient distance between the vessels is available to avoid danger of collision"

It is unclear from the account given whether laserp looked behind him immediately before executing the manuever. Laserp did say that he had looked behind him "many times", though it does appear that there was a 5 minute gap. If that is so, then I agree that he is at fault here. But not soley at fault.

One cannot assume that they have been spotted, especially coming up from behind and at night. It appears that Laserp was traveling alone and thus placing a dedicated 'proper lookout' was not possible. Being at night, even if he did look behind him just before manuevering he could have missed spotting the boat. So too, may have the lookout. It is for this reason, as well as to cover faulty maneuvering by the leading vessel, that section 4 declares that the overtaking vessel must give sufficient distance when passing.

What is sufficient distance? At night and overtaking, a much larger space than what the Formula was giving. The Formula erred on not keeping enough distance to pass safely.