383.39 ACTION BY STAND-ON VESSEL.
   (a)   (1)    Where one of two vessels is to keep out of the way, the other shall keep its course and speed.
      (2)    The latter vessel may, however, take action to avoid collision by its maneuver alone, as soon as it becomes apparent to it that the vessel required to keep out of the way is not taking appropriate action in compliance with this chapter.
   (b)    When, from any cause, the vessel required to keep its course and speed finds itself so close that collision cannot be avoided by the action of the give-way vessel alone, it shall take such action as will best aid to avoid collision.
   (c)    A power-driven vessel which takes action in a crossing situation in accordance with subsection (a) (2) hereof to avoid collision with another power-driven vessel shall, if the circumstances of the case admit, not alter course to port for a vessel on its own port side.
   (d)    This rule does not relieve the give-way vessel of its obligation to keep out of the way.
   No person shall operate or permit to be operated, any vessel in violation of this rule.
(OAC 1501:47-2-17)