In this instance the sailing vessel is required to keep out of the way of the vessel it is overtaking. Once the overtake is in progress, the situation cannot become a crossing situation. However, at all times either vessel has a responsibility to take action to avoid a collision.
Powerboat
When a sail boat overtakes a power boat the power boat is the stand on vessel.
When a sailboat overtakes a powerboat, the powerboat is the stand-on vessel. (Ref: SB-29)
When a sailboat overtakes a powerboat, the powerboat is the stand-on vessel. (Ref: SB-29)
When a sailboat overtakes a powerboat, the powerboat is the stand-on vessel. (Ref: SB-29)
When one boat overtakes another, the overtaking vessel is considered the give-way vessel no matter what it's powered by.
When one boat overtakes another, the overtaking vessel is considered the give-way vessel no matter what it's powered by.
When one boat overtakes another, the overtaking vessel is considered the give-way vessel no matter what it's powered by.
When a sailboat overtakes a powerboat, the sailboat is the give-way vessel, and the powerboat is the stand-on vessel. According to the International Regulations for Preventing Collisions at Sea (COLREGs), the overtaking vessel must keep clear of the vessel being overtaken. Therefore, the powerboat has the right of way in this situation.
The question should be "When is the sailboat the stand-on vessel...? The answer is if the sailboat has an engine and if it is in operation, the sailboat is treated as a power boat in determining stand-on status. The right-of-way would then follow the rules for power boats.
power boat
When a sailboat is the overtaking vessel, she must keep clear of the powerboat. Any vessel overtaking another must stay clear of the vessel being overtaken (Rule 13). Please refer to the Navigational rules. Specifically Rules 8, 9, 12, 13, 14, 15, 16, 17 & 18. A link is provided below.