I keep thinking this is a grey area. My Prius gains *all* of its motive force force from Petrol, so I agree that it is not an EV. A PHEV Prius, on the other hand, in city driving can pretty much live off the grid up to about 30 miles/day/recharge.

Even on the CalCar site, they say that the 2G Prius EV threshold of 35 mph cannot be exceeded. I don't think this is true. AFAIK, the threshold is about 6 kW with a full battery, which is a fair bit higher than 35 mph onl level ground in my experience.
I suppose in the end it will be a political decision, but I personally support cars of this type as EV, or EV equivalents enough.

R2-E2, 2G Prius.
Highway/City/Husband/Wife MPG: 56.5, as of 12/2005, 26K miles

Jac Nasser, Ford President: "We are planning to launch a hybrid version of
this car [P2000] within this year [1998]. We will also make FCEV available in
2004."