and that's the key. Few, if any of us on here are. We don't get to interpret the regs. Neither do our chief pilots or POIs or FSDOs. That's up to the judge. If the judge says it's illegal (for whatever reason - careless & reckless) then it's illegal. Period.
Be safe out there folks. True story. I was two thirds of the way to fat, dumb and happy today (er...yesterday now) when I had a "close encounter" with someone popping up through a cloud. The traffic alert was "traffic 12 o'clock 2 miles opposite direction type and altitude unknown". Either no transponder or no Mode C (or the mode C turned off). popped up at my 1:00 really close. It was a blue and white mooney.
Granted, this was class E airspace, but imagine now you're shooting an approach into some west bumble-fudge airport. You're PT inbound and all of a sudden out of the undercast/fog, pops up a skyhawk (he's still in the class G, say you're 500' above him in the class E). He can't see you cuz he's a high wing and you're in his "blind spot". Hope you can see and avoid him.
Two weeks ago we were having fun missing on ILSs when it was VV001 and 1/2 FG when someone checked in on approach VFR in the climb about 10 miles away looking for an IFR clearance. I'm convinced now that it happens all the time.
That's why this is illegal. Be careful.