distinctions...
Creampuff I can see some distinctions.
when the guy was in flight training he was an active participant.
when the engine got the wobblies and the instructor took over the guy became an inactive participant unable to affect the outcome. (you try advising an instructor :-) )
in the jumbo jet the participant is innocent of all problems because the entire certified system exists to relieve him of the need to appraise the risk. all the bollocks of checks and balances and tons of paperwork is put there as a blunt instrument to stop him being killed.
3 levels of risk as I see it.