Jim,
If I am following you correctly, then what you are saying is that the handling properties of the particular helicopter are to be taken into consideration when making a determination as to whether or not an offshore VFR NVG operation is being conducted legally? That sounds like a subjective approach to answering the question at hand.
To state that it is NOT legal to fly offshore at night in a VFR aircraft with no autopilot, with NVG's employed as the sole means of visually orienting the helicopter (meaning that to proceed unaided would be impossible)...... and then turn around and say that it WOULD be legal to do so if the aircraft had an autopilot, seems very subjective to me. Perhaps I am not following you though...
There is VFR and there is IFR- each has it's set of rules and required equipment. I am only addressing VFR operations in a VFR helicopter.
As far as risk assessment goes, what if the pilot has been left to his own devices and the operator has not provided him with any means of performing a risk assessment (meaning: the company has no risk matrix forms, so special software, or any type of enhanced operational control)?
The pilot is then left with whatever weather reporting & forecasting is available in his region, the FAA Area & Terminal Forecasts, sun and moon rise/set tables and moon phase tables. He then sits down and performs a guesstimation as to whether or not conditions will prevail that will allow him to make the VFR NVG flight legally.
Before he can determine whether or not he is legal, he must know what "legal" means. If it is not legal to orient a helicopter solely by a solid horizon line that is produced by NVG light amplification- then that would be very important for him to know.
Please allow me to present a hypothetical scenario; then tell me whether you think the operation is illegal, and why it is illegal (under FAA Part 135).
Hypothetical:
Aircraft: light twin engine, non-stabilized, basic VFR instrumentation with attitude indicator, standby attitude indicator, radar, radio altimeter, dual Garmin 430's with ILS operational, HSI, turn & bank indicator, no autopilot, single pilot, Anvis 9 NVG equipped.
Program: FAA Part 135, VFR and NVG only- no IFR operations.
Pilot: FAA ATP or FAA commercial helicopter with instrument helicopter.
Operating Enviroment: Primarily offshore- departing from land and landing on land, but offshore for the entire route, with no offshore structures enroute, but some uninhabited or sparsely populated land masses within 30 miles of the route of flight.
Flight info-
Enroute flight time- 1:20
Weather: Area Forecast shows scattered to broken clouds with bases from 4000-6000 and tops 7000-8000. Temp 21 C, Dewpoint 16 C. No visibility given. No PIREPS below FL250. Radar is clear. We'll be flying at about 2500 MSL.
Time: 0200
Moon phase and angle: 28% disc, 45 degrees above the horizon and sinking.
I am airborne and maintaining aircraft attitude visually by means of the solid horizon line that is produced by the NVG's, and I am cross-checking my attitude with the attitude indicator and other instruments. If I flip up the NVG goggles, I see absolutely nothing. I've got another hour to go before I arrive, and so far the weather is as forecast and there are no rain showers ahead of me.
Am I legal? If not- why? I'd like to first establish whether or not it is legal- then determine whether or not it is safe or prudent.
All responses are appreciated.