Re: 49cc engines require driver's license
i went through something similar in california, except we don't have a cc restriction, in fact, you can have anything under 150cc's otherwise it's considered a motorcycle.
california law states that any motorized bicyle requires a M1 (motorcycle) or M2 (moped/scooter) license, registration and a license plate, DOT helmet, and some lights, mirror and horn.
i was cited for not wearing a DOT helmet (had a pro-tec on) and not having a license or the plate. the ticket was $394 bucks.
i got a helmet, got an M2 permit, and sent in the 19 bucks and got the bike registered. when i went to court, the judge fined me a $25 proof fee for each violation, so $75 total. that's it.
if you try and fight it, the only evidence i can see standing up in court would be to have a licensed motorcycle shop measure the displacement of your motor, document it, and then hope the judge accepts it.
i think the best option is to leave your bike as it is, heck, upgrade it to a 66cc, then come into compliance with all the other laws, and go to court, show proof, and hope for the best.
trying to change the law is next to impossible. pleading ignorance or trying to cheat it is difficult, and almost never works in your favor, leaving you angry and feeling like the man's trying to keep you down, when in reality, it's your fault. you're breaking the law. sure, the law sucks, but what else is there, anarchy? like the Dead Kennedy's sang, "anarchy sounds good to me, but who's gonna fix the sewers..."
ya shoulda told him you had a 48cc motor when you got pulled over. those little metal tags and stickers come right off...