FL, within a post with which I otherwise entirely agree said...
I draw a distinction between flying a RIAB when there is other traffic to be alarmed, inconvenienced or endangered and when there is not. The former is, at best, irresponsible (+ bad airmanship) and, at worst, illegal; the latter is, IMHO, not.
Surely it's far more important to be safe than within the law? The preferable position is to be both, but given a choice of safety and illegality versus an unsafe but legal action, the former should take precedent. In such events, and they do occur, case law usually sorts the anomaly out sooner or later. But where you suggest that breaking the law is the worst event, after a reduction in safety, I have to disagree.
G