That Ops Inspector violated his own Handbook which requires consultation with an Airworthiness Inspector before doing that. In any event, that event it is not germane to the discussion on whether or not pilots are required meet the standards in the Private PTS.
BTW, when the applicant in my story above objected to leaving the plane at the testing site, the DPE offered to call one of the Airworthiness folks at the FSDO to support his position. The applicant wisely declined the offer.
I didn't mean to imply that the ops guys are the sharpest tool at FSDO.
But as I said before FSDO doesn't violate pilots for maintenance related items unless the pilot ignores warnings that the aircraft is not airworthy.
Your example and mine both prove this. (of course there will be one example to the contrary)
FSDO knows the guidance given. Most examiners know students are not capable of determening airworthines, and are not expected to.
When the examiner feels the aircraft presented to them is unairworthy, all thet they can do is fail the student, on the refference you gave in the PTS and send them home with a pink slip.
After the fact, they have the option to go for the cause of the noncompliance. In my example the DE wanted the IA's ticket, turns out the DE was wrong. In your example the student did not get a violation, and would not have gotten one until he tried to fly the aircraft home. You didn't give the FAAs action after the sudent went home, So I won't speculate what happened as a result.
The FAA knows it is impratical to prosecute the student or renter for maintenance related items. The student wanting to retake the exam will wait 30 days anyway. and the renter pilot wasn't responsible for the maintenance. but the FBO/A&P/A&P-IA was, and that is who the FAA wants.
For Henney, the ops guys at FSDO can't give a Ferry permit. only the Airworthiness inspectors can. Even after the Ferry permit is issued the A&P must sign off on it, So many times it is just easier to go fix the compliance issues.