As BillieBob says, the situation is unclear, as 'act as pilot' will only ever be legally defined after an incident.
Personally, I agree with Whopity.
I believe that 'act as pilot' was originally intended to mean 'act as a member of the Flight Crew', and should have been written in that form.
MJ
Ps. PP I think you are being a bit harsh there, without offering any answer to the OP's question. What's your interpretation of 'act as pilot' ?