COLREGS: yacht vs ferry

The genoa was already ripped high up before they hit the ferry.
The spinnaker pole was on the windward side and set quite high so more likely set up for a spinnaker hoist than poling out the genoa.
 
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The spinnaker pole was on the windward side and set quite high so more likely set up for a spinnaker hoist than poling out the genoa.

Report from someone who was actually there over on the "angry American site" claims polled out genoa.
 
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