Oh I made the same points earlier and didn't realise you wanted them repeated.
1)Because electric bikes are classed as bikes under all state laws and a 125cc motorbike comes in at about 8900 watts.
It's not a motoped nor a motorcycle. Just because you see a small electric power plant hanging off it doesn't matter. The law doesn't care for your opinions.
2). They don't do trail damage.
:hail: the great engineer...and not entirely true...sometimes it is a moped or motorcycle, sometimes it isn't...
I will use NSW legislation seeing that is the state that I live in, RMS publishes a handy little guide 'Vehicle Standards Information, mopeds and power assisted pedal cycles - 27'
http://www.rms.nsw.gov.au/documents/roads/safety-rules/standards/vsi-27-mopeds-power-assisted-pedal-cycles.pdf. Some ebikes are described as motorcycles/mopeds, some are loosely included within the definition of bicycle. It is also clear they see even the ones they include 'bicycles' as being something different, I have attached a hand little summary flow chart from the standard, they go on to describe the lowly powered ones as 'power-assisted pedal cycles'. Clearly it is an area where the law is playing catch up and to be fair things are moving all over the place so that is understandable.
The problem that I have with your argument is that you are using a bit of legislation that was drafted to describe how various 'vehicles' interact with the road network:
1) does the vehicle need to be registered, and
2) does the operator need a licence, and
3) what standards does the vehicle need to comply with.
You are using the justification that the RMS does not require your vehicle to be registered or the rider licenced to justify your participation in an activity which is outside of that legislation. We are talking about riding 'off-road' and your argument doesn't stack up that you should be granted unrestricted access to mountain bike trails. Knock yourself out on the road, speed past pedestrians on foot paths, blast past me on fire trails (well going up anyhow) but leave our trails alone.
All sweet, I have dealt with enough engineers to be able to pick the good ones from the useless as tits on a bull.