383.35 OVERTAKING.
   (a)    Notwithstanding anything contained in rules 1501:47-2-04 to 1501:47-2-18 of the Ohio Administrative Code, any vessel overtaking any other shall keep out of the way of the vessel being overtaken.
   (b)    A vessel shall be deemed to be overtaking when coming up with another vessel from a direction more than twenty-two and one half degrees abaft its beam; that is, in such a position with reference to the vessel it is overtaking, that at night it would be able to only see the sternlight of that vessel but neither of its sidelights.
   (c)    When a vessel is in any doubt as to whether it is overtaking another, it shall assume that this is the case and act accordingly.
   (d)    Any subsequent alteration of the bearing between the two vessels shall not make the overtaking vessel a crossing vessel within the meaning of these rules or relieve it of the duty of keeping clear of the overtaken vessel until it is finally past and clear.
   No person shall operate or permit to be operated, any vessel in violation of this rule.
(OAC 1501:47-2-13)