5 hp shouldn't be that big of a deal IMHO. But if the game warden checks you out on the water,theres a good chance you will get a ticket. Last I remember it was lil over a 100.00 bucks. I almost got one for being 3 hp over ( hull rated at 85 had a 88 SPL) But I told him it was a package deal from the dealer,( which it was) so he let me go.