Shawn,
Part 91 and Part 135 are different as to defining "VFR"....135 of course being more restrictive.
There have been previous threads along this line of discussion before.....I started one as a rant over that very difference and also pointing out that one could be VFR in "IMC" conditions legally under the FAR's.....the example given....50 NM offshore on an overcast night with no visible horizion. Despite VMC weather and VFR flight rules....it would be most definitely an Instrument Flight due to the lack of horizion or surface lights by which to control the aircraft.
The situation I was experiencing in an un-Sas'ed 212 and the company attitude about that.....led to my room name....SASLESS.
Assuming you are still out there in the desert flying EMS in your 412.....I think maybe I know why your interest in this issue. It gets mighty dark out there on similar nights....and you are being told it is a VFR flight....VFR fuel reserves....etc....
The FAA and its wonderful rules....will set you up for a very dangerous situation....LEGALLY if you accept their part 91 definitions and rules. That is the point I would suggest you make in that article....they should amend part 91 to agree with Part 135.