Correct answer
Engine capacity over 50 cm³.
Engine capacity over 50 cm³ is one criterion. Annex II also includes a design maximum speed over 45 km/h; meeting either criterion is sufficient. Having two seats or merely exceeding 40 km/h is insufficient. Classification is not inferred from a general claim about the power generated by engine size.
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Having two seats despite a 49 cm³ engine and 40 km/h design maximum.
Only having a design maximum of 42 km/h with a 49 cm³ engine.
Engine capacity over 50 cm³.
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