What say we read the Rules.....then offer your views on this accident.
As you read the Rules...consider what the Accident Report had to say.
For the not knowing....the route that night was in marginal weather....and over an area well known for its "darkness" except for buildings adjacent to major roadways.
That is why the Pilot was following a road....as that is where the surface lighting was.
Going direct was NOT an option for VFR/VMC.
You also have to consider curves in the. road way....or rising terrain ahead that the road way had to ascend and which would block a view of lights beyond the crest of the rising terrain.
Also a factor is how much vehicular traffic was traveling along that road.
I was not there and thus cannot know what the conditions actually were.....but my gut feeling is I would have made like a Sea Gull stood atop a Pelican Pole and squawked and flapped my wings a bit but not have gone flying.
Crab hit on a bit of truth.....the Rules will set you up for failure if you consider them as being etched in stone.
The Regulation quoted below is the absolute minimum and does allow you to use it as a basis to just say "NO!". The discretion part is when the weather approaches those minimums but does not reach those limits where you can quite happily refuse to go flying.
That is where rub comes....and why you have to know the terrain, what lighting is available and carefully analyze the weather conditions that exist and are likely along your route and at your destination and all of your alternate landing areas (which includes farmer's pastures, truck stop parking lots, pubs, and other places not airports, aerodromes, or landing strips).
In the FAA system....the surface light requirement is not mentioned....but is incorporated into the Part 135 Rules (Air Taxi). FAR Part 91.155 (General Rules) only shows a one mile visibility for Class G Airspace with no mention of surface lighting.
When reading the FAR's you must be careful to catch the qualifying words...."Helicopter", "Airplane", "Aircraft" so you can read the wording that applies. Aircraft is all inclusive, and the other two are self explanatory.
§ 135.203 VFR: Minimum altitudes.
Except when necessary for takeoff and landing, no person may operate under VFR—
(a) An airplane—
(1) During the day, below 500 feet above the surface or less than 500 feet horizontally from any obstacle; or
(2) At night, at an altitude less than 1,000 feet above the highest obstacle within a horizontal distance of 5 miles from the course intended to be flown or, in designated mountainous terrain, less than 2,000 feet above the highest obstacle within a horizontal distance of 5 miles from the course intended to be flown; or
(b) A helicopter over a congested area at an altitude less than 300 feet above the surface.
§ 135.205 VFR: Visibility requirements.
(a) No person may operate an
airplane under VFR in uncontrolled airspace when the ceiling is less than 1,000 feet unless flight visibility is at least 2 miles.
(b) No person may operate a
helicopter under VFR in Class G airspace at an altitude of 1,200 feet or less above the surface or within the lateral boundaries of the surface areas of Class B, Class C, Class D, or Class E airspace designated for an airport unless the visibility is at least—
(1) During the day— 1⁄2 mile; or
(2) At night—1 mile.
[Doc. No. 16097, [url=https://www.federalregister.gov/citation/43-FR-46783]43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135–41,
56 FR 65663, Dec. 17, 1991]
§ 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.