Kymco DJ 50 Mofa runs about 30-35 km/h

Hello, we bought a used Kymco DJ50 mofa scooter for our son. The papers clearly identify him as a moped at 25 km/h. The previous owner is an older gentleman who bought the scooter at the time and never did anything about it. He also seems to us credible. On the first extensive test drive we found that the scooter runs on the levels good 30 km/h according to Tacho. If it is easy to descend, he quickly cracks the 40 km/h. What me If I let our 15-year-olds on the road with it, he’s risking his driving license. Or is that still in tolerance? What would you advise me to do?