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Frank,
Sounds like the pedals are there just for looks. Without the pedals it's probably considered a scooter and would need some sort of licensing. If I remember the laws correctly, the Federal speed for considering it a bicycle is 24 mph. Here in CA, the speed is 20mph. Anything above that can get you a speeding ticket. I've been fortunate enough to have been clocked at no more than 18mph so far.
I always thought it humorous that I can actually legally ride my regular bikes faster than my electric.
JJ
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