The only way any Agility could ever do 40mph is when tossed off the top of a 10 storey building. Most likely you guys are reading the "Km" on the speedometer! The red mark on the speedo at "45" is tops for a 50cc factory Kymco of any model, and this is in kilometers. A lot of people who just fell off the back of the potato truck think that this is "mph" - but it isn't. In miles-per-hour this is just under 30mph, which is the legal limit in most of Europe and the USA. In Germany, the traffic cops will impound your 50cc scoot if you're going over 45kph, and the same in many states. In other words, it's AGAINST THE LAW to sell a 50cc that will do more than 28mph (45kph). Kymco has to stay within the law and makes it really difficult to modify your 50cc scoot to go over 30mph, and dealers won't even talk about de-restricting. Anybody who says their stock 50cc Kymco will do 40mph out-of-the-box is talking nonsense. Now, on the other hand, you CAN modify a 50cc Kymco to do 50mph, but it's expensive and its life will be much shorter.