This response misses the whole point that maneuverability is what establishes your place in the pecking order. A sailboat with sails up and engine on in neutral only has to but the engine in gear to have increased maneuverability over other sailboats. That's why it would be considered a power-driven vessel in the pecking order.
Correct. In a court of law this will hold up...
there is no double standard for different boats that have the engine running just because one has sails and the other doesnt sails...
If you dont have an engine in the boat, or if you do have an engine, but its not running, no one will care or will argue why...
but if the engine is running and the machinery is immediatley available for use, it will absolutely be found to be a power driven vessel.... no matter if the transmission was in gear at the moment or if the sails were full or flogging in the wind.... or if the boat does not even have a stitch of sails on it.
If the engine is being used and is available, it can not be argued that "I didnt want to put it in gear because i thought the other boat would move away and avert the accident"... or, "yes, my engine was running, but i had the rightaway over the other sailboat that was bearing down on me"...
The lawyers should be able to clearly see the reasoning in this...