Stingray,
I said nothing of zero fuel weight, which is a wing bending moment issue. Maximum ramp weight is intended as a limitation over takeoff weight which allows extra fuel to be carried for the taxi, but not for the takeoff. It allows takeoff with maximum fuel, without penalty for the fuel burned during the taxi. Hence, being slightly higher than takeoff weight. In this manner, the aircraft may still take off with all the fuel it can possibly carry, rather than taking off with maximum fuel, minus what was burned during taxi. Max ramp weight simply adds the extra weight of the fuel burned during taxi, to accomplish this. It has NOTHING to do with zero fuel weight.
Respectfully, a DER is not qualified to determine, and may not determine, that max ramp weight is or is not exceeded based on structural limitations. If one were attempting to obtain certification for a higher maximum ramp weight, the input of a DER would be crucial. However it would not be the final word, and it does not address the topic of legality.
Further, there are other limitations aside from gear attach points, wing attach points, nosegear turning limitations, etc, to max ramp weight. The tires are among them, as are a host of other limitations.
All of that is superfluous, as maximum ramp weight is a function of certification, and is a legal issue. It is an aircraft limitation. It may also affect airport operations limitations. For example, when I operated the PB4Y-2, we operated at 79,990 lbs. We did this because it allowed us to use many airports that restricted our operation at 80,000 lbs. 10 lbs made the difference, and we got checked on it a number of times. We could easily have loaded another 3,600 lbs of retardant and much more in tools; the aircraft would hold it on the ground. But that wasn't the issue. it was a legal issue (and in the air a performance issue, of course).
Again, exceeding an aircraft limitation invalidates the airworthiness of the aircraft, as airworthiness means compliance with approved data. Until that limitation is no longer exceeded, and in many cases even after it's been exceeded, the aircraft is not airworthy. It does not meet it's type certification limits, and any additiona limits placed on the aircraft via approved data, to include the aircraft flight manua, required placards, etc.
Again, when an aircraft is loaded to this condition, it does become eligible as evidence under 91.7, for enforcement action. Will loading it a few pounds over that limitation likely affect the physical condition of the airplane or make it unsafe? Most likely not, as yes, there are wide margins built and designed into the aircraft structurally. However, that is not relevant. One is then arguing legal vs. safe, and we know that as professionals, the operation must be both legal and safe, right?