Mildly Infuriating
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40mph is twice as fast as the max (motor assist) speed of a normal class 2 e-bike, but yeah, the real problem here is lack of proper bike infrastructure.
It is trivial to kit-build an e-bike that will do this. Hell, I have one myself, constructed out of a Warp DS2 frame.
But the difference is, I also have an M endorsement and I treat my monster bicycle as a motorcycle. The law doesn't -- that's actually impossible in my state, so my bike falls in between a registrable motor vehicle and a bicycle. It also has turn signals, a car horn, a headlight, and working brake lights. But I also don't ride it like a dickhead, and that includes paths set aside for non-fire-breathing bicycles, sidewalks, etc.
My city has amazing bike infrastructure: mixed use trails with no cars, bike lanes on all streets, tunnels and bridges over major thoroughfares (really it’s pretty insanely good and yes it’s in the US of fucking A).
People still ride on the sidewalks like morons. They ride the wrong direction in the bike lanes.
Bike infrastructure is essential but also not totally sufficient. You need a significant enough number of people using them that there is a culture for it and tribal sharing of knowledge around it.