If you are overtaken, it's your responsibility to not do anything
unexpected.

You are not paying attention to what he is saying.

If you are in a power boat and are overtaking a sail boat or power boat you are
the burdened vessel and it is your resposibility to pass with care...remember,
you are responsible for your wake also. Granted the boats being passed should
not do anything stupid BUT a sail boat under sail has the right of way
especially if he is running out of room to tack.

Larry Hill