State law defines a motorized pedalcycle as a motor-driven cycle equipped with operable pedals, a motor rated at no more than 1.5 brake horsepower, a cylinder capacity not exceeding 50 cubic centimeters, an automatic transmission, and a maximum design speed of no more than 25 miles per hour. Subchapter J of Publication 45 spells out the vehicle requirements in full.
I have been able to find ebikes of all speeds out in the wild and after years of riding and a reflective posture for the law, I see that lawmakers were thinking less about me and my practical wants as the user, and more about the mass motor vehicle driving public, their perceptions and expectations of ‘typical bicycle speeds’ on the roads and paths. So the laws were made to bicycle NORMS, not the potential performance limits for users.
Electric motor assisted bicycles have been banned in the State of New York and are not permitted for on-road use. It appears the only known allowance of an electric bicycle is if it is an electric powered moped, at this time. There is a proposed bill to allow ebikes. As of May 2009, Bill A2393("Defines the term electric assisted bicycle") has been passed in the NY State Assembly and its corresponding Bill S4014, sponsored by Senator Thomas Morahan, is before the NY State Senate.
I purchased version 2.0 of this device and the manufacturer has been listening to comments from users and making running changes such as the three speeds and the rear suspension. I am an XL size user (6'2", 230lbs) and recently returned from a 26 day cruise around Europe. I rode this little scooter on cobblestones, miles and miles through the Vatican, inside ancient cities and all over the streets of San Juan upon our return stateside. There was only one time it was less than ideal and that was going uphill, on slick tile that was wet from a drizzle. It still make it, just had to lean way forward to get weight on the front wheel.