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@TheBrick(Tommy)
None of those arguments would justify the risk being the same.
When I am referring to risk I am referring to risk of serious injury or death. I agree the argument regarding the justification but it does not take away the fact that the danger involved with one is much greater than then other and over a longer time making the overall risk much greater. This is how decision of what the level of legislation and type of action tobe undertaken should be. If something has a low over all Expected risk (combination of probability of success / failure, duration and frequency) then it does not deserve the same level of attention as something with an overall much higher overall level of expected risk.
This is not to say either side has a good reason for breaking the law but what I am saying is that, consequences / fines / enforcement effort should be much greater for one than the other.