Are Class 3 ebikes that are programmable to Class 2 legal in NY state? ie Ride1up or others?

M200

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Does a bike need to have a manufacturers certification for class 2 to be legal in NY state outside of NYC, or are bikes like Ride1up and others that are programmable legal?
 
Current NY State law regarding eBikes

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eBike Definition
Bicycle with electric assist. A bicycle which is no more than thirty-six inches wide and has an electric motor of less than seven hundred fifty watts, equipped with operable pedals, meeting the equipment and manufacturing requirements for bicycles adopted by the Consumer Product Safety Commission under 16 C.F.R. Part 1512.1 et seq. and meeting the requirements of one of the following three classes:
(a) "Class one bicycle with electric assist." A bicycle with electric assist having an electric motor that provides assistance only when the person operating such bicycle is pedaling, and that ceases to provide assistance when such bicycle reaches a speed of twenty miles per hour.
(b) "Class two bicycle with electric assist." A bicycle with electric assist having an electric motor that may be used exclusively to propel such bicycle, and that is not capable of providing assistance when such bicycle reaches a speed of twenty miles per hour.
(c) "Class three bicycle with electric assist." Solely within a city having a population of one million or more, a bicycle with electric assist having an electric motor that may be used exclusively to propel such bicycle, and that is not capable of providing assistance when such bicycle reaches a speed of twenty-five miles per hour.
 
The class system does not make it clear if a bike can have multiple program class modes so I would assume that a Class 3 ebike with programming to enable a class 1 or 2 mode as compliant to ride in NY. Eventually the multi-mode issue will end up in court so until then some brands are going to keep selling them.
 
I have posted a lot of regulatory posts on EBR so I'm well known on this forum for supporting the federal HR727 definition of a "low speed electric bicycle" as a bike. It's seems like a strange specification / definition but the constraints set a power limit above 20mph that allowed a universal ebike standard. Sadly People for Bikes took lobby money to push the 3-class system and it's making a mess of things with no real way to enforce the classes.
 
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