This insane act serves as proof that there no longer exists any such thing as "common" sense. All that remains is individual levels of density.
DING-DING-DING-DING-DING!!! We have a winner! You hit the nail on the head: it assumes basic common sense.
And that's why I've been referring to it as a loophole. And it's one that this couple have driven straight through. If they get off, it will be due to the poorly worded law in place here.