E-Foils and Foil Drive

This page contains information regarding regulation of electric hydrofoil surfboards (aka e-foils) and electric foil assist systems (aka Foil Drive).  Violation of applicable restrictions may be subject to penalties including, but not limited to fines and the inability to obtain DOBOR permits.  Regulatory questions may be directed to the DOBOR main office at (808) 587-1967.  Registration and titling questions may be directed to (808) 587-1970 or [email protected].

E-Foils

An electric hydrofoil surfboard, also known as an “e-foil,” is:

  1. A motorized vessel that must be registered, if the power rating is 5hp (approximately 3.7285 kW) or more.  If registered, the certificate of number (aka registration) must be carried onboard when in use.  Click here for more information on Vessel Registration and Titling.
  2. Not a personal watercraft/thrill craft/jet ski.
  3. Subject to carriage requirements for Class A vessels if past a surf break, including:
    • State and federal vessel lighting requirements (33 CFR 83 Inland Navigation Rules), which includes proper lighting if operated during periods of reduced visibility or between sunset and sunrise.
    • State and federal requirements concerning an engine cut-off switch (ECOS), if the e-foil is equipped with ECOS from the factory.
    • Fire extinguisher onboard, unless the rider is wearing a personal flotation device.
    • Sound-producing device (such as a whistle).
  4. Subject to all laws and regulations that apply to motorized vessels, most notably:
    • May not exceed a speed of slow-no-wake when within 200 feet of any shoreline, surfer, or swimmer. “Slow-no-wake” means “as slow as possible without losing steerage way and so as to make the least possible wake. This would almost always mean speeds of less than five miles an hour.”  Therefore, while a vessel may not create a visible wake, this speed restriction is generally no more than five (5) miles per hour.  (HAR Section 13-244-9)
    • Subject to special area prohibitions on motorized vessels. These prohibitions vary by area and are contained in DOBOR HARs.

 

Pursuant to U.S. Coast Guard Policy Letter 22-02, CH-1, issued October 5, 2022, the U.S. Coast Guard has deemed e-foils “motorized vessels” subject to vessel registration requirements and all ocean waters restrictions applicable to motorboats.

Boating safety education is required if the power rating of a motorized vessel is 10hp (approximately 7.457 kW) or more.  Even if your e-foil’s power rating is under this threshold, DOBOR recommends completing a course to get an understanding of boating laws, rules, and practices.  Information about DLNR-approved boating safety courses is available at DOBOR’s Mandatory Education Page. 

The current version of DOBOR HARs may be viewed at: https://dlnr.hawaii.gov/dobor/rules

Electric Foil Assist Systems (EFAS) (aka Foil Drive)

Boards with EFAS installed are considered “motorized vessels” and subject to the same regulations as e-foils.

Under Hawaii Administrative Rule (HAR) Section 13-230-8, “motorboat” means “any vessel that is equipped with propulsion machinery, including steam.  This term includes, but is not limited to, wet bikes, motorized surfboards, and any other vessel temporarily or permanently equipped with a motor.”  DOBOR recognizes that a rider may manually pump a board with EFAS in order to provide manual propulsion and may not solely rely on the EFAS for propulsion.  However, a board with EFAS is still within the definition of “motorboat” because it is equipped with propulsion machinery.

Boards with EFAS are regulated the same as e-foils and are:

  1. A motorized vessel that must be registered, if the power rating is 5hp (approximately 3.7285 kW) or more.  If registered, the certificate of number (aka registration) must be carried onboard when in use.  Click here for more information on Vessel Registration and Titling.
  2. Not a personal watercraft/thrill craft/jet ski;
  3. Subject to carriage requirements for Class A vessels if past a surf break, including:
    • State and federal vessel lighting requirements (33 CFR 83 Inland Navigation Rules), which includes proper lighting if operated during periods of reduced visibility or between sunset and sunrise.
    • State and federal requirements concerning an engine cut-off switch (ECOS), if the e-foil is equipped with ECOS from the factory.
    • Fire extinguisher onboard, unless the rider is wearing a personal flotation device.
    • Sound-producing device (such as a whistle).
  4. Subject to all laws and regulations that apply to motorized vessels, most notably:
    • May not exceed a speed of slow-no-wake when within 200 feet of any shoreline, surfer, or swimmer. “Slow-no-wake” means “as slow as possible without losing steerage way and so as to make the least possible wake. This would almost always mean speeds of less than five miles an hour.”  Therefore, while a vessel may not create a visible wake, this speed restriction is generally no more than five (5) miles per hour.  (HAR Section 13-244-9)
    • Subject to special area prohibitions on motorized vessels. These prohibitions vary by area and are contained in DOBOR HARs.

 

Boating safety education is required if the power rating of a motorized vessel is 10HP (7.457KW) or more.  Even if your EFAS power rating is under this threshold, DOBOR recommends completing a course to get an understanding of boating laws, rules, and practices.  Information about DLNR-approved boating safety courses is available at DOBOR’s Mandatory Education Page. 

The current version of DOBOR HARs may be viewed at: https://dlnr.hawaii.gov/dobor/rules

 

 

This page was last updated on 3/12/25.