If you meant "40%" torque, and it takes you 70% to hover (not unusual)...then, you're saying you have "fluctuations" up to 110% !! That's an overtorque!
I think he was saying a total fluctuation of 40%. That could mean from 60% to 100%. Not 40% either side. I think if he had a 4% fluctuation I don't even think he would have asked the question here.
And if I could remember correctly (haven't been flying 206's for a while), then you can pull (not intentionally) upto 110% for 10 seconds... or is it 5? Either way I don't think that's an overtorque.
And yes you could have quite big fluctuations in torque when doing pedal turns like Gomer Pylot said.