I agree. As of today, the pilot in the scenario I gave is not a dangerous criminal. If the new instrument comes into effect without amendment, the pilot in the scenario is a dangerous criminal.
The people who churn out these rules like confetti seem oblivious to the fact that someone who is not competent to comply with a rule that says “have enough fuel” is also not competent to comply with a rule that says “have enough fuel plus 30 minutes”.