Adam, you're dictating rules from a motorcycle standpoint. Those are motorcycle laws/regulations. More than 50% of the original moped is still a moped even if you modify the engine, so you have to dictate from those laws. The exception is the court of law on how they will draw the line. It's actually semantics here bub, not shit out the mouth moped talk here. Talk to a cop, someone from the DMV or the moped regulations section/code, not taking something from the motorcycle section of the DMV webpage.
To levee matters in a sense of who really gives a shit. Actual vs rules... what street beat cop has ever bothered to have these laws/regulations memorized? It's not at issue if you don't ride like an asshat. (edited)