Your little 80cc two stroke is only a 2hp max lawn mower engine in reality so no it does even pass as a moped which are more powerful and faster.It's so location dependent.
I am over here in Keene, southwest corner of the state. I have a centermount 80 cc, and a rear mount DAX Titan. Have been riding the centermount for going on 3 years now - the DAX is going on a year old.
Never had a problem, pass by cops all the time. I originally took the centermount to th DMV in Keene, to make sure it was legal. The clerk showed me a photocopy of something that looked like a Whizzer, I think it was just a centermount. "Look like this ?" I said yes - she said "Its legal".
One time I thought I would try to get the centermount VIN'd so I could register it. Went up along side route 101 where the cop does it on Tuesdays or sometime - normally for salvage guys trying to get VINs for restored wrecks. He told me without suspension, and directionals he wouldn't do it - I needed to take it to Manchester or somewhere.
If I could get it registered, I could take it with me to Canada, as mopeds registered in the U.S. are grandfathered in Canada. Although now after some discussion, I suspect the Mounties (described as FBI in a squad car) might not look too kindly on my efforts, legal or otherwise, to twist the Canadian truth...
I wish it WAS cleared up. I have seen / heard "5 horse" also. Holy **** - I don't need to go any more than the 30 limit, but think of the torque - I could climb Mount Monadnock (and trailer my dog).
I am concerned - their are more of us on the road every day I think. All it takes is for someone to get hurt (a kid or something), and the confusion over the legislation would clear up real quick.