The Consumer Product Safety Commission(CPSC) stipulates that commercially manufactured low-speed electric bicycles, or tricycles, must have fully operable pedals, an electric motor not exceeding 750W of power and a top motor-powered speed not in excess of 20 miles per hour (32 km/h). An electric bike remaining within these specifications will be regarded simply as a bicycle for purposes of safety standards. This supersedes any state law that is more stringent, but only regarding safety equipment required on electric bicycles and the standard of manufacture they must meet.. The legislation enacting this amendment to the CPSC is also known as HR 727.
Government regulation is written and administered with a broad, dull, painful axe. Regulations do not mix well with independent, maverick, DIY programs either. Vehicle regulations get started when there is either a visible tragedy, or a rising conflict with the status quo (like the SFO scooters program). The ebike community cannot afford a deadly accident especially if it involves others and the ebike or ebike rider are at fault. The Ebike community is up against a tough status quo that consists of pedestrians, motor vehicle traffic, the large well-funded and battle tested regular bicycle community, and the environment (especially for MTB riding and off-road use).
In Opinion No. 2007-00602 of the Attorney General, Jim Hood clarified that a "bicycle with a motor attached" does not satisfy the definition of "motor vehicle" under Section 63-3-103. He stated that it is up to the authority creating the bike lane to determine if a bicycle with a motor attached can be ridden in bike lanes. No specifications about the motor were made.
"Bicycle" means either of the following: (1) A device having two wheels and having at least one saddle or seat for the use of a rider which is propelled by human power. (2) A device having two or three wheels with fully operable pedals and an electric motor of less than 750 watts (one horsepower), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden, is less than 20 miles per hour.,
I have been able to find ebikes of all speeds out in the wild and after years of riding and a reflective posture for the law, I see that lawmakers were thinking less about me and my practical wants as the user, and more about the mass motor vehicle driving public, their perceptions and expectations of ‘typical bicycle speeds’ on the roads and paths. So the laws were made to bicycle NORMS, not the potential performance limits for users.
Parliament has decided to approve the speed pedelec – a type of super electric bike that can reach speeds of up to 45 km/hour – for riding on cycle paths. Danish Parliament has decided that as of July 1 2018 those operating the super bikes only need to have turned 15 and wear a helmet, while the licence and number-plate demands will no longer be in play.