Yes that phrase "motor vehicle" definitely doesn't seem a term of art contained in the Regulation or the Directive. It's a bit tricky to match it with the EU law. I think he means that above that speed will be L1e-A ("[a] light two-wheel powered vehicle").
The snag I see is that getting the Vehicle Inspectorate to type approve a pedelec to have an independent acting throttle means they are certifying it as a motor vehicle, since they will only be able to type approve to L1e-A at a minimum. That is a motor vehicle class. The same applies for a manufacturer or supplier who employ an approved laboratory to type approve a pedelec model for sale. I see it as more than tricky to match this to EU law, I think it's impossible since that is clear, for an e-bike to be a bureacracy free pedelec, power must stop when pedalling stops.
Whether this is acceptable in the mainland EU depends on whether they accept what the DfT are saying. Since it came from their International Vehicle Standards department one might hope that they have consulted with the EU Commission. If the EU Commission have accepted this for member countries, one might then ask why there is a law that power must stop when pedalling stops.
Frankly I doubt it has been accepted for use elsewhere and see this as just a DfT blind eye for the UK to get around a difficult legacy situation where they illegally allowed independent throttles after the 2002/24/EC ruling against them, effective in UK law from10th November 2003. It may be that the EU accepts this expedient workaround for the UK on condition that there is conformity with the requirement for type approval.
But I see it as a legal mess and wonder what could happen in a civil case concerning a substantial personal injury insurance claim following an accident.
The Drivers
Licence page here says that cat p and q are for motor vehicles - so the idea that a 250w twist-and-go with pedals does not require a licence, is consistent with the idea it's not a motor vehicle.
But see my reply above, throttle equipped with type approval to L1e-A means a pedelec has been certified to be a motor vehicle in law.
And of course group P is historic now, replaced by group AM for L1e-B mopeds and Q for L1e-A low powered mopeds.
What I gather from what you tell me (and is probably most of interest to fellow forum-goers here) is that it seems a throttle will be fine on your bike after 1 Jan 2016.
Only if it pre-existed the new regulations and therefore has "grandfather rights" or is type approved if not.
I guess where I'm more interested in, as a would-be Euro-cycle-tourer, is what the EU law really means, because this might tell me something about my rights to travel on a throttle pedelec.
Until I see an EU commission waiver or an appropriate written change for regulation 168/2013 in turn adopted into EU wide national laws, an independent acting throttle is not permitted in EU law. There really is no question about that in 168/2013's pedelec exemption clause (h) which specifies with crystal clarity that power must stop when pedalling stops.
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