C.__Is equipped with a power drive system that functions only directly or automatically and does not require clutching or shifting by the operator after the drive system is engaged.

"Moped" does not include an electric personal assistive mobility device.

Sec. 2. 29-A MRSA §101, sub-§38, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is repealed and the following enacted in its place:

38.__Motorcycle.__"Motorcycle" means a motor vehicle that has a seat or a saddle for the use of the rider and is designed to travel with only 2 or 3 10-inch or larger diameter wheels in ground contact and has a motor with a cylinder capacity of more than 50 cubic centimeters or an electric motor with a capacity of not less than 1,500 watts.

Sec. 3. 29-A MRSA §101, sub-§39, as amended by PL 2001, c. 687, §5, is repealed.

Sec. 4. 29-A MRSA §101, sub-§41-B, as amended by PL 2001, c. 687, §8, is further amended to read:

41-B. Motorized scooter. "Motorized scooter" means a scooter that has 2 or 3 wheels less than 10 inches in diameter in ground contact or is powered by a motor having a maximum piston displacement of less than 25 cubic centimeters or an electric driven motor and is capable of a maximum speed of no more than 25 miles per hour on a flat surface motor with a capacity not exceeding 750 watts. "Motorized scooter" does not include an electric personal assistive mobility device.

Sec. 5. 29-A MRSA §101, sub-§42, ¶B, as amended by PL 2003, c. 414, Pt. B, §43 and affected by c. 614, §9, is further amended to read:

B. An all-terrain vehicle as defined in Title 12, section 13001, unless the all-terrain vehicle is registered for highway use is permitted in accordance with section 501, subsection 8 or is operated on a way and section 2080 applies; and

Sec. 6. 29-A MRSA §101, sub-§47-A is enacted to read: