My nephew is 12 and has one of these with a throttle that can go over 35mph. His parents let him ride it anywhere (fucking irresponsible, but don’t get me started).
The fact is, because it looks like a bicycle, he’s essentially able to ride around like he’s on a motorcycle, even though he’s too young to have a drivers license and has no formal training in rules of the road.
Ok, but they really can't be used as motorcycles, regardless. You're pedalling 99% of the time, and to have any respectable range your legs are providing the majority of the power.
Electric vehicles with a throttle (what the law is targeting) can absolutely be used as motorcycles. Hence why CA feels motorcycle-like vehicles need to be reclassified. What the law is targeting are functionally motorcycles/mopeds with pedals attached.
I have one of those and have thousands of miles recorded on it. It's been my primary method of commuting to work for the past 1.5 years. For the battery to last the 40 mile round trip, my legs are the primary driver.
They don't really work as motorcycles because the throttle cuts off at 20 mph. Short of adding more heavy batteries (thereby requiring a beefier motorcycle motor), they don't have the range to be a motorcycle.
Perhaps with your preferred brand(s) of ebikes. This law is targeting Super73 and similar brands that advertise and promote post-sale "off-road" or "unlimited" modifications. These modified bikes have been a nuisance on public trails for a few years now.
Throttles are a big factor enabling this legal gray market for e mopeds. Without throttles most of these bikes are basically too heavy to ride as a pedelac. This will push the trend back towards lighter, bike-like bikes.