Not sure about this custom. The apes look legal and below shoulder height. The set up does look a bit unstable and seeing where you are going is tricky. Filmed somewhere other than USA, takes a real man or a real fool to ride it.
http://www.liveleak.com/view?i=61a_1438398682
For years there was a bike just like that parked on the side of the road near Central City between Deadwood and Lead. I always wondered what it ould look like going down the road.
That is without a doubt the stupidest, most un-safe piece of crap I've ever seen. It's an accident looking for a place to happen. I don't see how he sees!!