Rotorspeed,
I think you have raised a valid point and you should bring it to Bob's attention; as was pointed out by Mars, flight at night has to comply with the Instrument Flight Rules and these are the rules.
This is typical of the law of unintended consequence of attempting to sidestep aound the problem of not permitting Night VFR - there is a similar one in JAR-OPS 3 where, if airspace at night is designated as IFR, all of the concomitant requirements for instruments and the autopilot apply (JARs having a two tier system in compliance with the ICAO Standard).
As a matter of interest, this is not the case in FARs where night VFR is permitted - they have a three tier system for day VFR, night VFR and IFR; there has been a proposal to amend the ICAO Annex 6 Part III text to introduce a three tier system - it is likely that JARs will follow eventually (it was already proposed in the draft JAR-OPS 0).
Jim