Reckless driving, in general, is a perfect example to bring up whenever people start talking about how laws are explicit and unambiguous and not open to interpretation and the discretion of those enforcing it. As an aside, that claim about laws is ridiculous on its own, because there’s a reason why the whole justice system is so massive and complex and why you have to study so freaking much to work in it. But never mind that, let’s take a brief look at reckless driving.
For those who live outside the US, most of the states in the US have a “reckless driving” law, and most of those have a very loose and wobbly definition that boils down to “endangering others with your driving”. Many of those definitions don’t include clear, explicit conditions like “going X mph over the limit”. Some jurisdictions, however, have what they call “per se” conditions, i.e. conditions that automatically qualify your actions as reckless driving. (If you’re interested in exact details of this topic, the search engine is your friend, go have fun.)
The point here is that we already have laws that require people to apply more reasoning than “I didn’t go over an explicit limit or do something on an explicit list, therefore I’m innocent.” Bringing up speeding laws is cherry-picking the laws you’re comfortable with and ignoring the vast body of other laws that you really don’t want to think about because they don’t confirm your own bias.
Then again, this is not the first time I bring up reckless driving or the whole point about laws, and it has never changed the minds of those who keep bringing up speeding and are determined to ignore anything that pokes holes in their logic 
It’s definitely not the size. But there are plenty of other things that are enough to proverbially “hang you” if you build a large enough base.
Performance is only one of those, and as you pointed out, performance can be screwed up by much smaller builds. Yet everyone gets hung up on performance alone, and not on any of these other ways to break the rules, such as suppressing an NPC spawn, making a POI inaccessible, occupying real estate that someone else could use with purely decorative builds, etc.