Laws regarding mopeds vs. electric scooters

Wintershade /
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I am a brand new moped owner and I'm a little confused. Mass defines a moped as 1) 50cc or less 2) automatic transmission and 3) having a top speed of 30 mph

So, here's my question, what if you have an electric moped/scooter that is 50cc, automatic transmission, but has a top speed of 40mph. Is it still legal to register it as a moped? Or do you have to start the process all over again as a motorcycle?

Any input you all might have would be wonderful, and greatly appreciated.

-Kerilah

P.S.

The moped listed for my account is wrong, but they didn't have my model on the site. I have a 2008 Maui Deluxe 50!

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