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Just because it's getting around a loophole in US regulations doesn't mean it's an ebike. Anything with a cheater mode to bypass class 2 isn't an ebike and should require licensing and a plate.

If it looks like a moped and drives like a moped, it's probably a moped

Known by cycling advocates as an “e-moto”. Nothing bike-like about these.

Does it have pedals and you need them to ride? E-bike in my book. Does it have a throttle grip like a motorbike? Well then it’s not a bike.