I was referring to top POWERED speed.
I can go faster than 20 mph pedaling a bike.
5 HP sounds WAY too high! I can go 45 MPH on my motorcycle with an 8hp motor.
Usually electric bikes are measured in watts, NOT horsepower. 1 electric horsepower is roughly 750 watts.
I really think the main thing is what the vehicle looks like, if it has pedals or not, and that you aren't going WAY too fast if you still want to be considered a bicycle.
No cop is going to stop you and ask how many watts you are using.