ROTFLMAO...
NOW it comes out...
Well...
1.) Technically speaking... A cyclist on a regular bicycle can (re: is allowed to) go faster than an electric bike.
(Speed limit on an ebike is 20)
2.) Riding at night without lights, riding on the sidewalk fast, weaving in and out of cars, is just STUPID and CARELESS (as well as illegal) on either an electric OR REGULAR bicycle.
3.) IF it has (working) pedals and the rider chooses NOT to pedal, that is their choice...
(Some states/municipalities DO require (by law) that the ebike must be pedal assist (re:motor doesn't run unless you're pedaling) and most don't.)
a.) What if the law doesn't require the rider to pedal and they have bad knees or are handicapped in some way that they really don't have the ability to pedal, even if they wanted to? Does that mean they're riding a scooter? (Remember that EPMD's are available and they go up to 20mph too are LARGER than ebikes and do NOT require a license!)
4.) I'm not up on NYS/NYC laws, but I think there is still some contention about ebikes.