Persecuting E-Bikes in New York City

[LockH]

Council Member Margaret Chin on Her Fight Alongside Delivery Workers
(""Yes, traffic safety needs to be followed, but we want to make sure immigrant workers can survive and make a living," the lower Manhattan pol tells Streetsblog."):
https://nyc.streetsblog.org/2018/08...chin-on-her-fight-alongside-delivery-workers/

Starts:

For Council Member Margaret Chin, Mayor de Blasio’s crackdown on e-bike delivery workers, announced last October, was hardly the first time she’d heard about the challenges facing delivery workers who use electric bicycle to do their jobs.

In fact, Chin became aware of the heavy policing endured by immigrant delivery workers around four years ago, when workers began coming to her office regarding tickets they’d received while doing their jobs. Naturally, then, she was the first council member to stand alongside delivery workers in their opposition to the crackdown. She’s continued the fight since, testifying to DOT in May in favor of e-bike rules that would allow workers to convert their bikes from throttle-powered to pedal-assist.

Streetsblog spoke to Chin last week about the ongoing fight for the dignity of the thousands of workers who delivery food to New Yorkers by electric bike. This interview has been edited for length and clarity.

(Ebiker Hottie Margaret Chin on the left...)

 

[LockH]

(They say

Americans for Tax Reform (ATR) opposes all tax increases as a matter of principle.

We believe in a system in which taxes are simpler, flatter, more visible, and lower than they are today. The government's power to control one's life derives from its power to tax. We believe that power should be minimized.

ATR was founded in 1985 by Grover Norquist at the request of President Reagan.

New York City Steals e-Bikes:
https://www.atr.org/new-york-city-steals-e-bikes

Starts:

New York City doesn’t have time to worry about whether “taxation is theft”, they’re going straight to regular theft.

It’s all because of a new, misguided dictate from Mayor Bill de Blasio. He issued a statement beginning a crackdown on the use of E-bikes, which are your standard bicycle but with a small motor. Many immigrant delivery workers in the city use them to make their living.

With this crack down comes fear. Fear of losing one’s livelihood due to a disconnect in law. The bikes are completely legal to own in the city, but operating them is illegal.

Includes:

This crack down, started last year, has only been escalating (via WNYC’s Stephen Nessen):

“Since January 1 to April 1 of this year, the NYPD has issued 459 moving summonses for riding e-bikes and seized 320 e-bikes. And according to the Office of Administrative Trial and Hearings (OATH), more than 70 businesses have been ticketed for employing electric bike delivery workers. That's outpacing 2017, when the NYPD issued nearly 1,800 tickets to individuals and virtually none to businesses.”

 

[LockH]

(Wiki

The namesake blog, Gothamist, focused on New York City, was founded in 2003, by publisher Jake Dobkin and editor Jen Chung. As of June 2014 other blogs operated by the company include LAist, DCist, Chicagoist, and SFist in the United States, as well as Shanghaiist internationally.

Why Are E-Bikes Legal For Citi Bike Users And Not Immigrant Delivery Workers?:
http://gothamist.com/2018/08/22/e-bike_crackdown_hypocrisy.php

Starts:

On Wednesday morning, nearly 50 people hopped on brand new electric Citi Bikes to demonstrate how easy (and fun!) commuting over the Williamsburg Bridge can be, once the L train shuts down in April of next year. An electric moped service recently launched in Brooklyn, and the Daily News reported that two city councilmembers are drafting legislation to legalize the kind of app-based electric scooters that have swept across cities like Los Angeles and Washington, D.C.. Meanwhile, the NYPD continues to confiscate electric bikes used by immigrant delivery cyclists, issuing them summonses that carry $500 fines for using what is essentially the same kind of technology.

Feeling sorta ridiculous yet Mister Mayor? :lol:

 

[Matador]

It's simple really. Make a removable wireless throttle. When cops stop you, discreatly remove the throttle and say a big frock YOU to NYPD. They already make wireless throttle for electric skateboards. Can easily be transposed to wireless "clip on" thumb throttles...

Make NYPD an the new law banning throttled bike ridiculous in NYC !

 

[Matador]

I think we should start to publicly denounce the NYPD cops who steal our e-Bikes just for their cash quotas on the back of our hard-earned dollars. I hope that NYPD cops will stop seizing e-Bike and giving summons to innocent civilian people once they realize we are making their face public on the web.

Meet Police Officer Abreu of the NYPD 20 Precint.


She had a quite agressive tone of voice telling me that I was doing something really really bad for the society, riding my 18 mph THROTTLE-powered eBike. Tsk tsk... Bad criminal on a 250W ebike, but ououoouuu with a throttle. tsk tsk ! So dangerous !!! ouuouuuuu ......

P.O. Abreu seized my e-Bike (impounded) and on top, gave me a 500$ summon.

If you see her, make a U-turn or accelerate. Do not stop. Do not be fooled by the smile you see on this pic. It's a lure to screw you over and make cash off your ass.
Posting pictures so you can avoid encounters with some of the corrupted police officer of NYPD.

If you get a summon, please take a picture of the PO and post it here so we can raise awareness of the police corruption in NYPD.

Keywords : PO Abreu, NYPD, e-Bikes summons, e-bike Crackdown, Throttle e-Bikes.

 

[LockH]

^^ Hehe... Sooo much easier to stop those pesky ebikes.

 

[Chalo]

What's the big problem with using a PAS bike and avoiding trouble with the law?

By and by, you probably will be able to use an e-bike with a throttle legally, but not today in NYC. That doesn't mean you can't use a legal e-bike instead.

There's an easy way to be in the right when a cop hassles you: follow the rules. The cops still might hassle you, but they'll be wrong, not you.

 

[John in CR]

What's the big problem with using a PAS bike and avoiding trouble with the law?

By and by, you probably will be able to use an e-bike with a throttle legally, but not today in NYC. That doesn't mean you can't use a legal e-bike instead.

There's an easy way to be in the right when a cop hassles you: follow the rules. The cops still might hassle you, but they'll be wrong, not you.

Sorry Chalo, but MLK had it right..."One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws."

 

[Chalo]

What's the big problem with using a PAS bike and avoiding trouble with the law?

Sorry Chalo, but MLK had it right..."One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws."

Um, throttle versus PAS isn't a matter of social justice or human rights. Being forced to share in a crowded city with millions of cars is, but that's not the issue we're talking about.

I'd rather keep my bike than have it confiscated. Maybe you prefer feeling self-righteous about refusing to follow the law. But that does play into the hands of any stupid and malicious cop who chooses to enforce the rules. Anyway, these are city ordinances we're talking about. You can simply go to a committee meeting with some like-minded friends and sign up for public comment. Do that enough, with enough different folks, and the rules will likely change.

Anyway, I don't understand what's the point making a kerfuffle and getting your bike pinched when you could simply use a low powered PAS bike instead of a low powered throttle bike. They do the same thing. Too stubborn to turn your feet?

If I lived in NYC, I'd use a simple torque sensing bike and not worry about it.

 

[billvon]

I think we should start to publicly denounce the NYPD cops who steal our e-Bikes just for their cash quotas on the back of our hard-earned dollars.

She was doing her job.

Make your case to the people responsible for the decision.

 

[Matador]

I think we should start to publicly denounce the NYPD cops who steal our e-Bikes just for their cash quotas on the back of our hard-earned dollars.

She was doing her job.

Make your case to the people responsible for the decision.

She was applying a trap scheme to fill money quotas, by using a volontarly set up legal limbo on eBikes . That's not the job I was paying tax for... That's in no way helping citizens. But don't live in NYC anymore and now I'm happy. Screw NYC, it's a pure racket. "doing her job LOL!"

Bottom line, avoid COPS in NYC there are NOT here to help on the matter of eBikes, they are souverain citizens who do what they want with the laws.... money money money is what they are after. We pay them to steal from up...

How can you justify a car doing 60 mph in a 30 mph zone in a car has to pay less money in ticket than an eBike doing 18-20 mph ?
MONEY RACKET !

 

[billvon]

She was applying a trap scheme to fill money quotas, by using a volontarly set up legal limbo on eBikes . That's not the job I was paying tax for...

Yep. And you're not paying taxes for her to give you a speeding ticket if you drive too fast. And you're not paying taxes for her to give you a ticket for littering if you just toss your trash out the window. And you're not paying taxes for someone to give you a ticket for illegal parking. "It's a RACKET! How come I have to pay more for a littering ticket than I do for a speeding ticket? The cops are DICTATORS! I will spit in their faces, that will show them."

Still, all of that is her job. Taking it out on her will just ensure that all ebikers are hassled more.

Want to make a difference? Talk to the people who have the power to actually make a change in the laws.

Want to just bitch and be an Internet Warrior? Then bitch away and yell at the cops for doing their jobs. See where that gets you.

 

[Matador]

She was applying a trap scheme to fill money quotas, by using a volontarly set up legal limbo on eBikes . That's not the job I was paying tax for...

Yep. And you're not paying taxes for her to give you a speeding ticket if you drive too fast. And you're not paying taxes for her to give you a ticket for littering if you just toss your trash out the window. "It's a RACKET! How come I have to pay more for a littering ticket than I do for a speeding ticket? The cops are DICTATORS! I will spit in their faces, that will show them."

Still, all of that is her job. Taking it out on her will just ensure that all ebikers are hassled more.
Want to make a difference? Talk to the people who have the power to actually make a change in the laws.
Want to just bitch and be an Internet Warrior? Then bitch away and yell at the cops for doing their jobs. See where that gets you.

The difference is I can exert some judgement. I won't spit in her face, but whatever makes you happy if YOU want to spit in her face... You'll probably get in trouble for it. I for myself, was actually very polite with her.

Quote: "And you're not paying taxes for her to give you a speeding ticket if you drive too fast". ---> YES I AM paying taxes for her to do just that... Because speeding IS A SAFETY issue.

Quote: "And you're not paying taxes for her to give you a ticket for littering if you just toss your trash out the window" --> YES I AM, because littering like that IS A NUISANCE to everyone, so yes I am paying for her to ticket the pigs who litter everywhere.

Quote: "And you're not paying taxes for someone to give you a ticket for illegal parking." --> YES I AM, because cars that park in the middle of bike lanes (COP cars included in this statement), for example, can be a SAFETY ISSUE to cyclists for examples ... Or wheelchair that need to cross the steet, or people who want to jump on the bus or, etc. etc,

All the examples you give are bad examples, because the purpose of the sanctions here is to restore order and prevent chaos and ultimately prevent harm to citizens. That is what cops are paid for. Not because eBikes have throttle... That's bullshit. There is no difference if there is a throttle or not. The NYC law's rationale is that PAS eBikes have a top speed of 18 mph, while throttled ones have a top speed of 24 mph... This rational is totaly erroneous. Somebody needs to give the lawmakers and cops a course on what are actually the relevant parameters of an eBike that actually do influence it's potential top speed capability (such as the mechanical power output in watts (notice im saying mechanical output not electrical controller input power here), weight, percent incline, wind drag, etc...). The presence of throttle or PAS is NOT one such "top speed defining" parameter, in that is presence or absenceof a throttle does not influence top speed capability. Throttle actually just give you more flexibility and make things actually more secure/safe IMHO, as you can modulate your power with more ease. Yes torque-sensing type PAS-sensors are quite easy to modulate, giving you good control on the ebikes. BUT torque sensor is a minority in ebike because of high prices. Most ebikes with PAS have to have cadence sensing in order to be more affordable. And cadence sensing alone is not as easy to modulate if you don't have a throttle. It can actually become a safety issue/problem... Most delivery people don't have enough money to afford a cutting edge eBike with torque sensing technology. So they get the throttle on top of the cadence sensor.

And please, don't put words in my mouth that I did not pronounce.

Quote: "Talk to the people who have the power to actually make a change in the laws." --> Thanks for the advice. And I already did. But I won't elaborate with you, because I don't think you're part of these people who can actually change anything.

Quote : "Want to just bitch and be an Internet Warrior? "
Why would I want that ? I'm actually done arguing with you, because I'm not an internet warrior. I just wanted to post her face on here so people who don't intent to do any harm or that don't intend to cause any chaos don't get unfair sanctions. I accomplished my mission by posting this pics.

Like it or not. Done.

 

[billvon]

"And you're not paying taxes for her to give you a speeding ticket if you drive too fast". ---> YES I AM paying taxe for her to do that... because speeding IS A SAFETY issue. And littering is a nuisance for everyone, so yes I am paying for her to ticket the pigs who litter everywhere. But because eBikes have throttle... That's bullshit.

They are a safety issue if someone does 35mph down a crowded sidewalk in NYC.

On the other hand, someone who drives 60mph on a 50mph street when the street is deserted and conditions are great is not a safety issue.

(That's the perspective of a hypothetical person who got hit by an ebike and got a ticket for doing 60mph - and his perspective is just as valid as yours.)

Yes, everyone wants the other guy to get the ticket. Their tickets are fair; tickets that you get are not. Cops hear that story a million times a day.

"Talk to the people who have the power to actually make a change in the laws." --> Thanks for the advice. And I already did. But I won't elaborate with you, because I don't think you're part of the people who hold power to change anything.

Probably not, since I don't live in NY any more. But in any case I suspect you will continue to focus your ire on the people doing their jobs - thus ensuring that all ebikes are treated poorly by police. If that's your goal, knock yourself out. Just make sure you remember your actions when they start cracking down harder.

 

[Matador]

They are a safety issue if someone does 35mph down a crowded sidewalk in NYC.

Well then sanction the wreckless eBike rider then. It's not doing 35 mph because it's got a throttle. It's doing it cause the guy is wreckless riding on sidewalks with an overpowered 1500W and up eBike kit. Once again, THE THROTTLE HAS NOTHING TO DO WITH THE SPEED !!!!

Wash your eyes. Try to think by yourself, stop ingesting the distorted reality that the media is serving you on a gold plate to manipulate your thinking. And please if your are not willing to educate yourself on this subject, at least stop perpetuating this propaganda to others.

My Throttle 250W eBikes tops out at 18 mph.
My other ebike, the one that does NOT have a throttle but does have PAS and a 1000W motor easily reaches 30 mph.

ONCE AGAIN, THROTTLE IS NOT SYNONYMOUS WITH SPEED !!!!

And by the way, with your logic, why not limit ferraris and lambo's top speed to 65 mph then. Cause it's the overpowered car's own fault if accidents happen right ? It's not the wreckless driver's fault who is doing 180 mph on the highway right ? WRONG!

One problem is the media sets the tone " Throttles on eBikes are the reason people get injured by eBikes!"
The the lawmakers use the MEDIA as the EXPERT FIGURES to define the laws !!!!
And then the cops take the bait and blindlessly follow the laws without using common sense and autocritism and insight...

Remember, many people thought Hitler was a genious. Many people thought I was a good thing to tell the German nazi authorities where the Jews were hidding. Do you think it's right that the Jew got killed just because some authority say so ?

The guy doing 60 mph in a 50 mph zone is not in his right. If he get caught, whatever the weather, road traffic and tarmac conditions, that's a risk he is taking. Who is that guy to say that going faster is not going to harm people. He is NOT an EXPERT.

Well for eBikes, the lawmakers certainly are not EXPERTS and they demonstrate that very well to anyone who actually has enough knowledge to see why "THROTTLE IS NOT A PARAMETER THAT PREDICTS HIGHER TOP SPEED". That's is a MYTH, entertained by the MEDIAS.... And everybody jumps on the bait and blindlessly believes the MEDIAS... Because MEDIAS are such great experts on EBIKE TECHNOLOGY you know !! Cough Cough LOL!!! I just love it when I hear a reporter say "Electronic bike"... Sounds sooo high tech LOL

 

[LockH]

Hehe... "THROTTLE IS NOT SYNONYMOUS WITH SPEED !!!!"... BIG Thumb Up here...

:lol:

 

[billvon]

Well then sanction the wreckless rider. It`s not doing 35 mph because it's got a throttle. It's doing it cause the guy is wreckless riding on sidewalks with an overpowered 1500W and up eBike kit. Once again, THE THROTTLE HAS NOTHING TO DO WITH THE SPEED !!!!

Most overpowered bikes use throttles; that's where the idea for this dumb law came from. (BTW class 3 pedal assist bikes are also banned; it's just harder to pick them out.) Of course if everyone obeyed the law and rode bikes that could not exceed 20mph then it wouldn't matter and none of them would be banned.

What's happening is that food delivery people are hired based on how fast they can deliver food, which in turn determines how many deliveries they can make a night and thus how much money the restaurant owner makes. Someone with a 1500 watt bike who can hit 35mph on an open street can do 12 deliveries a night, and thus gets the job; someone with a 250 watt pedal assist bike (who can do 8) doesn't. So there is a strong incentive for workers to buy more powerful bikes and break the law.

However, if the throttle does indeed become the one thing that gets bikes confiscated, then we can look forward to clever delivery people coming up with gearing and PAS sensors that will allow 35mph operation without a throttle. Then they can ban all classes of ebikes.

The real solution is to solve the problem of delivery riders who make money based on how fast their bikes can go. That's not an easy problem to solve.

Wash your eyes. Try to think by yourself, stop ingesting the distorted reality that the media is serving you on a gold plate to manipulate your thinking.

Given that I both worked in NYC for a while and build my own ebikes, I'm not really concerned with what the media tells me.

My Throttle 250W eBikes tops out at 18 mph. My other ebike, the one that does NOT have a throttle but does have PAS and a 1000W motor easily reaches 30 mph.

Yep. But to a cop who sees both of them, all he/she can pick out easily is whether it has a throttle.

It's like a perfectly maintained, legally operated car without a registration sticker vs a deathtrap beater with a registration sticker. Which one gets the ticket? The perfectly maintained car. Is that fair? Is that right? Nope. But that's the only way cops can tell.

And by the way, with your logic, why not limit ferraris and lambos top speed to 65 mph then. Cause it's the overpowered car's fault if accidents happen right ? It's not the wreckless driver's fault who is doing 180 mph on the highway right ?

We do limit vehicles that can do more damage (trucks specifically) by requiring different insurance, a different driver's license, having different speed limits and by restricting them to certain roads. Seems to work.

And in any case it's not my logic. It's a silly law. Cops are using it because it is their job to enforce the law. And they can't tell a class 1 from a class 3 by looking at it - but they can definitely tell a class 1 from a class 2. Want to change that? Work at solving the problem (delivery riders) and lobby the people who might be able to change it (mayor, city councilmen.)

Remember, many people thought Hitler was a genious.

Right, cops who enforce ebike laws are just like Hitler. Get over yourself.

 

[Matador]

Anyhow Billvon, I'm glad we had that dicussion. The subject is progressing with good point in both your and my opinion.
Hopefully someone involved in the law making of eBike regulation will read and try to understand all this.

Indeed it seem to be more complicated problem than it looks. I heard in europe, some cops can do dyno test on eBikes to check the mecanical power output... That could help.

I had a delivery throttled 250W bike. But I'm not a delivery worker. I wasn't riding on the sidewalk. And when pedestrian were around, I was stopping everytime and being courteous. When I stopped for pedestrian is when the cops saw I had a throttle ebikes and decieded to sanction me. The cops were doing a crackdow (seizing and summon on any ebike the could spot on that day they decieded to do the cash thing). I was not wreckless in any way. I was just some cashmeat. That cop, if she had stopped a wreckless rider riding the sidewalk at 35 mph (EBIKE OR HUMAN POWER BIKE, THROTTLE OR NO THROTTLE), I would say Bravo!

But they do not target the wreckless riders... They target anybody who has a throttle. And that merited discussion.
Maybe the Hitler thing was a bit of an excessive comparison.

I have no problem with the law or the cop. I actually respect them and admire them for putting themselves at risk to protect others,
I was just a bit angry with how the law in NYC can sometimes be used just to make very easy money out of the smallest of all problems. I think certain cops, even though they could use judgement, deliberatly choose to not use judgment and use the law in a stubborn and unflexible manner, to their advantage.

 

[wturber]

And in any case it's not my logic. It's a silly law. Cops are using it because it is their job to enforce the law. And they can't tell a class 1 from a class 3 by looking at it - but they can definitely tell a class 1 from a class 2.

Actually, they cannot. Class 2 does not say there is no throttle. It merely says that power can only be applied while pedaling. It says nothing about the existence of a throttle control. My system has a throttle and that throttle only works if I'm pedaling. That complies with Class 2 and 3. Further, none of these classes put speed limits on the bikes. They put limits on the speed where motor assistance can be used. That creates a real enforcement problem for police. They can't just use your speed as a criteria. That said, I have no idea what the actual NYC law is that is being applied or mis-applied. It may not have much at all to do with the three standard Classes that we frequently discuss

I'd also like to point out to Matador that KT type (LCD3, LCD5 and the related) PAS systems are relatively cheap (about $100 for an LCD and controller on ebay) and very controllable through their five levels of PAS assist. If your bike has around 1000 watts of power or less, there should be no problem with the limited modulation. They are certainly cheaper than having your bike confiscated.

 

[billvon]

Actually, they cannot. Class 2 does not say there is no throttle.

Right; it says there generally IS a throttle, but it can also have a PAS.

From the class listings at Electric Bike Review:

Class 1: Pedal Assist
The electric drive system on the ebike can only be activated through a pedaling action and is limited to relatively low speeds. . . .

Class 2: Throttle On Demand
The electric drive system on the ebike can be activated through a throttle element such as a grip-twist, trigger or button and is limited to low speeds. The motor system may also be activated through a pedaling action as with Class 1. . . .

Class 3: Speed Pedelec
The electric drive system on the ebike can be activated through a pedaling action to reach higher top speeds. In parts of Europe this class is also considered a motor vehicle and requires special licensing, the use of an identification plate at the rear of the bike may be required and use is limited to roads or private property only with a maximum speed ~28 mph (~45 kph) . . .

So a cop sees a throttle, he knows it's not a class 1.

It merely says that power can only be applied while pedaling. It says nothing about the existence of a throttle control. My system has a throttle and that throttle only works if I'm pedaling.

Right. Again, all he knows is that it is not a class 1 - which is the only determination he can make by looking at the bike.

That creates a real enforcement problem for police. They can't just use your speed as a criteria.

Yes, which is where the problem is coming from. Registration could solve it - you give the paperwork to the DMV, they give you a sticker that indicates what class the bike is, then the cops have a very easy time enforcing ebike class laws. I hope it doesn't come to that.

 

[wturber]

Oops. I reversed Class 1 and 2 in my previous post. My bad. But the point remains. Class 1 can have a throttle. Electric Bike Review is being sloppy in their interpretation.

The model legislation as put for by People for Bikes and as enacted in California and Arizona says:
"Class 1 electric bicycle,” or “low-speed pedal-assisted electric bicycle:” A bicycle equipped
with a motor that provides assistance only when the rider is pedaling and that ceases to
provide assistance when the bicycle reaches the speed of 20 mph."

It does not say that the motor can only be activated by the pedals. It says the motor can be activated only while the rider is pedaling. Those aren't the same things. The presence or absence of a throttle is not mentioned. You can have a throttle, but it can only be functional if you are pedaling. That's what I have. I use the throttle for a short term boost of power when desired - like for dealing with a short hill or rise. For long term I just change PAS assist levels.

So, no, the cops cannot tell the difference between Class 1 and Class 2 or 3 by the presence of a throttle if the law is worded the way the People for Bikes model legislation is worded - which seems to be the source of this standard.

https://peopleforbikes.org/wp-content/uploads/2018/06/Model-eBike-Legislation-06282018.pdf

So while the People for Bikes folks are very proud of their model legislation, it actually creates all kinds of confusion and makes enforcement very difficult. Even the power limit is ambiguous leaving all kinds of possible loopholes (that happen to suit me fine since I think the power limits are pretty bogus). I find it ironic that they have a map showing states where their model legislation has been enacted and then label other states as either problematic or acceptable. The reality is that their model legislation is problematic - at least from the standpoint of enforcement.

 

[wturber]

Yes, which is where the problem is coming from. Registration could solve it - you give the paperwork to the DMV, they give you a sticker that indicates what class the bike is, then the cops have a very easy time enforcing ebike class laws. I hope it doesn't come to that.

Nah - that doesn't work either. I can change my bike to Class 1, 2 or 3 by changing a few options using the LCD panel. So you configure your bike for the desired class, get it registered, slap on a sticker, and then reconfigure it. Suddenly enforcement isn't so easy.

I still maintain that simple traffic and speed limit enforcement is probably the easiest and most effective approach.

 

[Chalo]

But they do not target the wreckless riders... They target anybody who has a throttle.

So... don't have a throttle. Is this really so hard a problem for you to solve?

 

[Matador]

Back then when it got seized, both throttled and non-throttled PAS where illegal.

 

[billvon]

Nah - that doesn't work either. I can change my bike to Class 1, 2 or 3 by changing a few options using the LCD panel. So you configure your bike for the desired class, get it registered, slap on a sticker, and then reconfigure it. Suddenly enforcement isn't so easy.

If it is reconfigurable, it's not on the list of class 1 bikes. Easy (bureaucratic) solution.