I’m not a lawyer, and haven’t read Ohio’s laws. However, I had similar questions about my own state, so I figured I’d share what I found out. According to the laws I read (on the official state website), my state defines anything with two wheels that is self-powered one of three things, using otherwise extremely nondescript language. If it can’t go above 20mph on flat ground, it’s a scooter. Sub-30 a moped. Anything faster is a motorcycle. There aren’t any conditions for self regulated speed, so if the model is capable per the published specs, but you put a manual setting in to limit it to state guidelines, that sounds like a rather grey area for my area too. I know I’ve seen folks comment elsewhere about wanting speed locked software on their scooters so they can prove to officials the scooters are in compliance. If you have a setting, that probably is better than not having one, but also might not be as legally sound? You probably would need to consult a lawyer in your area to get the details, particularly if there’s already case law established.
Related, I’m considering registering my scooter as a moped just to be safe. If they won’t let me register it as a moped (because it’s obviously not a moped and is actually a scooter), then at least I made a paper trail covering that base. Plus, I can then legally ride a bit faster. Main down sides are licensing cost, and more restrictions on where I can ride.
