We really need a terminology to differentiate better between pedal-assist only e-bikes ("pedelec") and electric motorbikes. A "bicycle" that can accelerate without the need to pedal at all is an electric motorcycle, no matter if you put pedal on it or not. I see the two as totally different things: I've tried pedal-assist e-bike and they're great. But... Although I have nothing against motorbikes I'm not cool at all…
A free pass for what ?
You dont need a motor to reach 40kph on a bike, plenty of people can do it with only their legs. What we can do is limit the speed on bike lanes, but that means we could allow any vehicule on it. There is no reason a motorbike couldn't go on a bike lane if it goes slower than 20kh as most people on bike reach that speed.
It is not because you are on a bike that you have to go on a bike lane.