One other missunderstanding has to be clarified:
The CMD/PIC is of course responsable for his own airworthiness.
Tower is not allowed to intervene. But with authority I don't mean Tower, but the FAA/JAA/any other CAA. They have the power to call back the aircraft and inspect it, the crew or anything in it (except diplomatic mail).
The problem is that they are slow and only react after accidents. But this would have been the perfect case for them for a spot check.
Maybe next time, after an accident, until the press is tired of the story, then the routine starts again...
Dani