The ebike class 1/2/3 concept is stupid puritan nonsense driven by cyclist jealousy and serves only to limit the usefulness of ebikes as car replacements.
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It's basically impossible to enforce, but it does mean that most ebikes available for sale are class 1.
agreed, I see it as more of an after-the-fact issue, like if some shithead is burning down the trail at 28 mph and there's an incident, they'll nail em with that plus whatever other charges