I'm not sure how it is in the US (I think it varies by state?), but where I am at least, a Class 3 28 mph e-bike would be considered a road vehicle. You would not be allowed to ride those on trails. Legally, they differ from motorcycles only in that they do not require a licence and insurance.
Trail-rated e-bikes top out at Class 2 20 mph. In the UK where the guy in the video lives, it sounds like Class 1 15 mph is as high as you can go legally?
Incidentally, even with a class 3, I think the throttle mode (where you don't need to pedal) is required to top out at 20 mph in most jurisdictions? The higher speeds are only allowed with pedal-assist. Some people remove the pedals altogether on a class 3, and that is illegal where I am.
Anyway, if you see people sailing by at high speeds on trails, this is not legal in most places. The man in the video was trying to push for more clarity in the media that it is the illegal ebikes that are giving all the others a bad name.
thanks