A short video has stirred a long-running argument in 21st-century surfing. A e-foiler vs. surfer dispute over right of way and priority on a wave generated multiple opposing perspectives and lines of thought.
In the incident, an electric hydrofoil rider glides along the shoulder of a wave, well before it breaks. He has been riding for about 30 seconds.
As he nears the lineup, a shortboard surfer takes off closer to the peak, where the wave begins to curl. The two approach each other on the same wall of water.
They hesitate, neither fully yielding. Both end up in the whitewater.
The e-foiler later claimed he had priority because he had been on the wave for more than 30 seconds. That idea, simple on its face, has not been received kindly.
What the informal rules actually say
Surfing has few (un)written yet informal rules, but one principle is nearly universal. The surfer closest to the peak, the part of the wave that is breaking first, has priority.
The guideline is how most surfers avoid collisions when multiple people paddle for the same wave.
That same rule does not depend on who stood up first or who has been riding longer. It is about position.
A wave can be entered at different points along its face, especially at beach breaks and point breaks.
So the guideline, which makes all sense, says that someone deeper, closer to where the wave is steepest, has the right of way.
In the video that spread online, the shortboarder is positioned in that critical zone. The e-foiler is riding the shoulder, the softer, less steep part of the wave.
So, by standard etiquette, the shortboarder holds priority.
The motor changes the equation
Electric hydrofoils are not just another modern surfboard. They use a battery-powered motor and a submerged wing that lifts the board above the water.
The high-tech setup allows riders to catch waves earlier, often before they break, and to stay on them much longer than a paddling surfer can.
That advantage is at the heart of the conflict.
An e-foil rider can connect sections, glide through flat spots, and even link multiple waves. In crowded conditions, that means one person can "occupy" a wave for far longer than the rhythm of a normal lineup allows.
In coverage of the incident, Kelly Slater criticized the presence of powered craft in traditional surf zones, pointing to both fairness and safety.
His reaction echoed what many surfers have been saying for years as new equipment enters the water.
Safety is not an abstract concern
An electric foil surfboard is fast, quiet, and carries hard edges below the surface. The mast and wings are rigid. In a collision, they do not behave like foam and fiberglass - they cut like a razor through butter.
It's important to focus on how close the two riders came to contact. That proximity is what worries people who surf, especially those without the motor power to quickly turn or move away.
A standard surfboard can cause injury, but the underwater structure of a foil adds another layer of risk. It is harder to see and harder to predict.
In most moving sports, the participant with greater speed and power is expected to take on more responsibility. On ski slopes, the uphill skier must avoid those below.
On the road, larger vehicles are expected to exercise more caution. The same logic is starting to take hold in the ocean. Or at least, it should.
The problem with "first on the wave"
The e-foiler's argument rests on timing. He was on the wave first, so he believes he owns it. That idea does not fit how surfing works.
If time alone decided priority, then any craft with an advantage in catching waves would dominate.
Stand-up paddleboarders can enter waves earlier because they stand and use a paddle. Tow surfers can be pulled into waves long before they break. Electric foils extend that advantage even further.
Surfing has never rewarded that kind of control.
The culture depends on sharing waves or, at least, identical opportunities to get them, not claiming them indefinitely, in the same way a ride ends when a surfer kicks out or falls, not when the ocean runs out of energy.
A lineup under pressure
The reaction online has been strong.
Most comments side with the shortboarder, not because of loyalty to tradition alone, but because the situation feels unbalanced.
A powered craft entering a crowded lineup changes the expectations for everyone else in the water.
There is also a sense that the burden should not be equal.
The e-foiler can choose where to ride. He can stay outside, away from the peak, or move to a less crowded break. The shortboarder, sitting in the lineup, always has fewer options in the moment.
That imbalance is what fuels the frustration, anger, and disbelief. People not only argue about who was technically right on that wave but also about what kind of ocean surfers want to share their waves with.
Where this leaves the rules
There is no single governing body or law for everyday surfing, so change tends to come slowly. Still, patterns are emerging.
Many surfers now treat electric foils as closer to personal watercraft than to traditional surfboards. That view carries an expectation and will likely translate to national or state legislation.
Powered riders should stay clear of dense lineups and yield to those using waves without assistance, as it already happens with motor-powered vessels.
Laws of the sea and regional legislation across several countries determine the distance PWC vehicles need to keep from non-powered watercraft users.
There are even guidelines for addressing right-of-way between kiteboarders and windsurfers.
Some beaches and regions have already begun to separate uses, with designated areas for foils and other high-speed craft, after reports of serious injuries caused by hydrofoil surfers.
That approach does not settle the debate, but it reduces the chance of the kind of encounter seen in the video.
Whether we like it or not, the technology will not disappear from the world's lineups.
Electric foils are becoming more common, more affordable, and easier to ride. As they spread, so will these encounters.
The etiquette rules of surfing were shaped in a time when everyone in the water relied on the same energy source.
That is no longer the case.
But in the gap between old habits and new ways of riding the ocean, safety and fairness must come first, and the guidelines must always protect the one who's least protected.
Wrapping it up: a common-sense conclusion
Here's an overall view of what's at stake.
1. The core surfing rule (this settles most of it)
Across surfing (shortboards, longboards, SUPs, even foils), the fundamental rule is: priority goes to the surfer closest to the peak (breaking part of the wave).
Not:
- Who stood up first;
- Who has been riding longest;
- Who caught it farther outside;
This is consistent across etiquette and competition logic.
Supporting point: foil etiquette explicitly states that "the surfer closest to the peak still has priority."
So in this scenario, the shortboarder sitting in the breaking zone has priority, while the e-foiler riding the shoulder had no priority once approaching the peak zone.
Conclusion: the e-foiler must yield.
2. Why the "I've been riding for 30 seconds" argument fails
The e-foiler's claim sounds intuitive but breaks surfing logic.
Why it doesn't work:
- Surfing is not a possession game (you don't "own" a wave indefinitely);
- Priority is spatial, not temporal;
- A wave has multiple takeoff zones (especially at point breaks or peaks);
If "first on wave equals forever priority":
- SUP riders would dominate every lineup;
- Tow surfers would own entire sets;
- E-foilers would control waves minutes in advance;
That would fundamentally break surfing.
3. The motor changes everything (this is the real issue)
Here's the uncomfortable truth: an electric hydrofoil is not just another surf craft.
Key differences:
- Can catch waves far outside (before they even break);
- Can stay on a wave indefinitely;
- Moves faster and unpredictably;
- Has submerged wings (sharp, dangerous);
Even within foil culture, riders are expected to avoid crowded lineups and give space.
And many communities already treat them differently. Some places classify e-foils as personal watercraft (PWC), i.e., like jet skis.
4. The safety reality (this outweighs etiquette)
Here's where the debate stops being philosophical.
An e-foil has:
- A motor;
- A propeller;
- A rigid mast plus wing acting like a blade underwater;
As one report put it, they're essentially "a guillotine gliding beneath the surface."
So, in any close-call scenario, the higher-risk craft carries more responsibility.
It's actually a standard across:
- Sailing (bigger vessel yields);
- Ski slopes (uphill skier responsible);
- Driving (more dangerous vehicle = higher duty of care);
5. So who is at fault in this exact scenario?
Based on facts, the shortboarder, positioned at the peak, and he's in the natural takeoff zone; the e-foiler entered from outside, rode into an active lineup, approached a surfer with priority, and has superior speed, maneuvering, and danger.
Conclusion: the e-foiler is at fault.
Even if ee caught the wave earlier and was already riding, none of that overrides peak priority and safety duty.
6. The "unfair advantage" problem (and why people are angry)
If e-foilers get "first on wave" priority, they always win.
Because they can:
- Catch waves earlier;
- Stay on waves longer;
- Reconnect waves endlessly;
That creates wave monopolization, lineup disruption, and a massive safety asymmetry.
7. Common-sense solution (what actually works)
Not theory - what realistically prevents chaos:
Rule 1: Peak priority stays absolute
- Closest to the breaking part = priority;
- Applies to all craft, no exceptions;
Rule 2: Motorized craft = yield always in mixed lineups
Treat e-foils like jet skis (PWC).
Meaning:
- Must stay clear of surf zones;
- Must yield to all non-motorized riders;
Rule 3: Zoning (this is the real fix)
The most effective solution worldwide is to separate areas:
- Surf zone: traditional surfers only;
- Foil zone; outside, down the line, separate peak;
It already exists in some places.
Rule 4: Duty of care scales with danger
Hierarchy of responsibility:
- Electric foilboard (highest responsibility);
- Foil boards;
- SUP;
- Longboard;
- Shortboard (lowest);
More speed and danger equals more obligation to avoid others.
Rule 5: No "lineup crossing" under power
E-foilers should:
- Never ride through a populated lineup
- Kick out early or stay wide
8. What regulations should be introduced?
If surf breaks want to avoid serious injuries, a minimum framework requires:
- Classify e-foils as motorized craft (PWC-like);
- Ban them from crowded surf lineups;
- Helmet and distance rules (example: 30-50 meters away from surfers);
- Create designated foil zones;
9. Final answer (simple and fair)
Who has priority? The shortboard surfer at the peak.
Who is responsible? The e-foiler.
What's fair? E-foilers can exist but not dominate shared lineups. They must yield due to motor advantage and safety risk.
Best long-term solution? Shared ocean and separated zones.
Words by Luís MP | Founder of SurferToday.com
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