pretty sure youre legal if you bend the axle a bit so the 4th wheel doesnt make contact

I think you just have to make sure to use all 4 wheels.
Wood, Wheels and Axles
The official pine wood block must be used. The block may be shaped in any way that is desired.
Official BSA wheels must be used. The wheels may not be cut, drilled, beveled or rounded. You may remove the seams and imperfections from the wheels.
The axles may be altered, polished and lubricated.
Get those bad boys riding on 3 wheels
