Hi Bob, I have an ยด08 Keeway F-Act and yes, it will indeed go above 40 mph. 45 on level ground is what mine will do. I am approximately 160 lbs. I have had mine for about a month now, and have no complaints at all. I also use mine for commuting back and forth to work, about 3 miles each way. I have had no problems at all keeping up with traffic and am thoroughly pleased with both the acceleration from a stop and the top-speed. Hope this helps!