Hi Richard,
Several states don't have any CC limit and limit HP. For example Whizzers are 138 CC and are legal in CA because of the HP limit. There is another state on the east coast that has put the limit at 5 HP [might be CT, not sure].
We {EZM} will continue to ONLY supply the 49 CC HS 142a motor in our 4-stroke kits, to respect the majority of state rules concerning motorized bicycles. In fact we are making a kit to adapt our Q-Matic drive to several smaller 4-stroke motors for a couple of states that set the limit to 35 CC.
I live in NC and have titled several of my bikes as MC and have plates & insurance on them. I have a large selection of Whizzers [over 20], and the new edition versions must be tagged, but the vintage Whizzers are "grandfathered" in as antique and can either display a plate or not. Of course NC like many states has conflicting laws, and often difficult to understand. In NC one section limits the speed to 25 MPH and in another section it is 30 MPH. Scooters are in the same class as motorbikes, because a few years ago, a large hardware store chain tried to sell electric scooters and had the part of the law requiring "pedals" removed.
I would suggest everyone check their state laws, and even carry a copy, as even Law enforcement has a hard time with some of the rules.
I was once stopped by a NC state trooper and had to listen to him tell me several times I was going 55 MPH. The speed limit was 55 MPH, and the Whizzer had current plates, current safety inspection sticker, a MC endorsment on my lic., and wearing a helmet. He insisted the motor had to be smaller than 50 CC [wrong] and insisted it had to be stamped somewhere on the motor[wrong]. To add more to the story, I had a vintage gas tank on the bike and the original sticker stated "Do not exceed 25 MPH for the first 500 miles", which lead the Trooper telling me "see, you were speeding" [DUH].
Have fun,