New rules-article in Sailing World by Dick Rose
Checkmate in the Kelp Beds
I'm not sure I agree that the backing boat did enough to keep clear:
"I repeatedly hailed Interloper asking them to avoid us," said Kelpie's helmsman. "But she kept coming at us, and at the last minute, I put my tiller hard to port in an effort to avoid contact. I was unsuccessful. We hit Interloper topsides."
What did he do before he put his tiller down to port?
But I agree with the principle. The other boat created the situation and must give room to keep clear under rule 16.1