The premise being that the "checkee" pilot is legally entitled to fly the aircraft in terms of their license (they just need the check for "club" rules), so they can legally sign out the aircraft as PIC, and carry a passenger - the "checker". They sign, they fly. If the checker feels a need to actually fly the aircraft, the checkride was
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What if the checkee doesn't agree with the checker's decision to take over? If a passenger takes control against the wishes of the PIC, aren't they guilty of unlawful interference? The PIC would be entitled to squawk 7500 and be met by men with guns at the end of the flight.