Shawn:
Where there is a defficiency in the Certification Standard, it is for the Operational Rules to prescribe. We cannot rely upon our Airworthiness colleagues as their world is dominated by the manufacturers.
This is clearly dealt with in most Operational Codes (ICAO and JARs both require the appropriate Standards for Night - FAR 135.159 does not require it for helicopter below 6000lbs (why?)). It is also rumoured that the US would like to revise the International Standards (ICAO) in line with FARs (why?).
For the requirement for flying in Night VFR, the FARs deal with this much better than other codes - they at least require suitable references
135.207 VFR: Helicopter surface reference requirements.
No person may operate a helicopter under VFR unless that person has visual surface reference or, at night, visual surface light reference, sufficient to safely control the helicopter.
Why rely upon the insurance companies - can't we regulate our own industry?