The Federal Interstate requires that motorcycles be 250cc or larger, for non interstate highways you just have to meet the minimum speed limit, often 45mph to be legal, but being able to keep up with traffic is a great idea in a smaller vehicle.
There have been 50cc motorcycles that have top speeds of 90mph, but they are not by any means using scooter engines.
In my mind this falls under the rule of not doing something stupid and illegal at the same time, design the vehicle so you don't get pulled over and make sure it's fallowing all of the laws.
there are also 250cc engines out there that are going to get you better gas mileage then a scooter or motorcycle engine.
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