Moped Army

Ok, I'm going to be going to school in VA this fall, and I'm checking into VA law before I buy a moped. Question is, would a Tomos streetmate qualify? Here's a quote from the VA DMV site:

Virginia Code section 46.2-100 defines a moped as a conveyance that is either:



a bicycle-like device with pedals and a helper motor that is rated at no more than two brake horsepower and that produces speeds up to a maximum of 30 miles per hour
or

a motorcycle with an engine displacement of 50 cubic centimeters or less and a maximum speed of less than 30 miles per hour.

Now the streetmate produces more than 2 HP, however, could it technically fall into the second category and be ok? If it did then I wouldn't have to worry about ordering one with pedals, and I'd be set.