‘Moped’ means a motor-driven scooter, motor-driven cycle or similar vehicle that is propelled by a small engine which produces not more than 2 gross brake horsepower, has a displacement of not more than 50 cubic centimeters or produces not more than 1500 watts final output, and:

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1.  Is designed to travel on not more than three wheels in contact with the ground but is not a tractor; and

2.  Is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than 1 percent grade in any direction when the motor is engaged. The term does not include an electric bicycle or an electric scooter.