It's nice that you've posted about Mopeds (I guess). I don't ride a moped. I ride a bicycle that I have added a motor to.
I fully agree that what you've found (and posted) can seem fully applicable... but it's not. Here's why:
1) There are no speed limits on bicycles. Period. I have pedaled my bicycle (no motor installed) well into the 30's and 40's MPH and one time at 51 MPH, and have done so in 4 different counties and multiple cities in each county in the full presence of police, sheriff, and CHP, and as long as I do not exceed the posted speed limit and follow all other traffic laws, I have done nothing illegal.
2) CVC Sec. 406(a) is referring to a moped. I admit that the way that they wrote it makes it very confusing, but, they are talking about mopeds.
3) First and foremost, what we're talking about are bicycles. As such, it is sold as a "device" that is designed to solely function as a bicycle (human powered). Mopeds (often called "motorized bicycles") are NOT routinely sold as an exclusively human powered "device". If I put a motor on a regular bicycle, it's STILL a bicycle. Likewise, if I remove the motor from a moped, it's STILL a moped.
To clarify things for myself, I went down to the DMV and had a discussion with various staff members there; I also called their 800 number. Everyone that I spoke with all said the same things.
Note:
I have posted this to help those that are hoping to get into this mode of transportation. I'm not AT ALL interested in a who can out post whom or who is "right and wrong".
I hope this helps...
