Perhaps NH law could add some color:
270-D:2 General Rules for Vessels Operating on Water. –
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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, and at such a speed that its wake will not endanger the boat being passed or its occupants. No person operating a vessel shall abruptly change its course without first determining that it can safely be done without crossing immediately ahead of another vessel.
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