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If a sailing vessel with the wind on its port (left) side cannot determine whether a windward sailing vessel has the wind on the left or the right, it should give way to the windward vessel.

Wind On Same Side

Sailing vessels encountering each other when the wind is on the same side
When two sailing vessels are approaching one another with the wind on the same side, the leeward. Leeward vessel refers to the vessel that is downwind of the other.

Wind on Different Sides

Sailing vessels encountering each other when the wind is on different sides
When two sailing vessels are approaching one another with the wind on different sides, the sailing vessel with the wind on its starboard (right) side is the stand-on vessel.