MOPED ARMY

Electric starter doesn't change the classification. In states where pedals are not required, it's legally defined as a "moped", but will get nothing but derision from moped gangs.

Don't get caught going faster than 30. I wonder if it really actually will go much over 30 on level ground.

it is by mass law a moped if it is 50 cc

dont tell them it will go 40 !

Sounds like you have a cheap Chinese scooter. Best of luck with it. Really. If it is 50cc, then it is gas, not electric. Electric start, as has been said, makes no difference. If it does not have pedals, it is not a moped, as that is what the "ped" part of moped means. You can still register it in some states as a moped, and some you can't. It gets even more complicated. Some people have been able to register a 50cc scooter as a moped in their state, while others have been unable to do so in the same state. I think it kind of depends on which idiot, and they are all idiots, that you get stuck with at the DMV. None of them know the rules, some of them will give you a moped plate, some won't. Peace. Jerry.

Electric scooters, and electric bikes, up to a certain size, are protected by federal law, and do not require anything. They are not considered motor vehicles, and are treated same as bicycles. This is the same in all states. Peace. Jerry.

Is it still legal? Define "legal." Will it follow the strictest letter of the law? No, probably not. Will you be living up to the general spirit of the law? Yes, since that law was probably written before the era of 50cc 40mph scooters. So long as you obey traffic laws and don't act like an idiot, you should be able to get away with it. (I say this based solely on my experience in Kansas, where "motorized bicycles" are not supposed to be able to go over 30, yet all the Honda Metropolitans are registered as "motorized bicycles" and those things definitely go over 30mph). Either way, so long as law enforcement doesn't clock you going over 30mph, you should be fine. Of course, you could always argue that it's safer to speed and keep up with traffic than impede it by going slower. I don't know if that'd work, but maybe you get bonus points for trying? :)