Wouldn’t it be more logical if there was a documented mtb:scale=yes or mtb:scale=unknown ?

Mappers use mtb=yes and bicycle=yes because there is nothing else available for their purpose. Sometimes it’s laziness but most of the time people simply don’t remember or know the exact scale (when someone else gives you their GPS trace)

I do not want to use legal access tags because once you use them there is no way to distinguish them from ways that are actually signposted.