cough, I wouldn't be so sure. Regardless which rules you follow EU OPS, FAA or ICAO each and every operator must ensure compliance with a basic principle
No pilot may operate an aircraft in a careless or reckless manner so as to endanger life or property.
along with the salvatorius clause stating that in case something is missing ICAO rules, procedures etc apply. What is safer both pilots on controls or only one, is not the same question of who's flying the aircraft? As much as could this accident have been prevented if both pilots were on controls? In answering this question a lawyer or a judge will apply a principal of normal capacity. It's only logical to conclude that if someone isn't on controls he/she isn't following mentally the take off or landing and the readiness to take over isn't warranted. In the legal jungle there's always something written somewhere making you liable anyways. No matter how many rules will be written it always boils down to a good will and acting in good faith. Each and every one must must answer those questions for himself and the operator must tackle this issue.
