Operating in marginal conditions close to max weight is not reckless.
i agree, with the appropriate training of course.
for the integrity of the feelings of any pilots security I hope that your thesis is borne out.
There was a time when the section 20 (A) of the Act was attempted to be written in such a manner that it might be assumed that the mere act of driving an aircraft off the ground might constitute a "potential" infringement of that section.
cheers tet