HeliTester,
Two elements that you appear to have missed:
The first is from FAR 91.9(d)
(d) Any person taking off or landing a helicopter certificated under part 29 of this chapter at a heliport constructed over water may make such momentary flight as is necessary for takeoff or landing through the prohibited range of the limiting height-speed envelope established for the helicopter if that flight through the prohibited range takes place over water on which a safe ditching can be accomplished and if the helicopter is amphibious or is equipped with floats or other emergency flotation gear adequate to accomplish a safe emergenc ditching on open water.
...and the second from Appendix 1 to JAR-OPS 3.005(c)
Appendix 1 to JAR-OPS 3.005(c)
Helicopter Flight Manual limitations
(a) For helicopters certificated in Category A, a momentary flight through the height velocity (HV) envelope is allowed during the take-off and landing phases, when the helicopter is operated according to any of the following requirements:
(1) JAR-OPS 3.517; or
(2) [Appendix 1 to JAR-OPS 3.005(i); or]
(3) Appendix 1 to JAR-OPS 3.005(e).
both of which apply to helicopters certificated under Part 29 - where the HV diagram is in the limitations section.
This was seen as a problem in the recent transposition of JAR-OPS into EASA OPS; the alleviation has been removed with a proviso that the HV diagram - as a limitation - will be resolved before implementation.
Notwithstanding all of those instances of flight in/through the HV diagram which have been described in this thread, operations in CAT cannot be undertaken without flight through the HV diagram when: operating offshore; and when operating with ground level exposure.
Until the HV diagram is replaced to the performance section, there is a need to alleviate within an operational rule for all types of operation. The FAR rule and the alleviation presently available to CAT in Europe are both too limited in scope; FAR 91.9(d) needs to be extended (to onshore) and the JAR CAT rule needs to extend to private operations. While 'heliport regulations' continue to include profiles which forces flight within the HV diagram in their projected paths, it is a head-in-the-sand attitude to ignore the fact that such operations will be conducted in non-compliance with the helicopter limitations.
Not to permit such operations would confine operations, with larger helicopters, to airfields (or large open spaces) or to operations in Performance Class 1.
There is no thing as a Class 1 helicopter; helicopters operate in Performance Classes 1, 2 or 3 in accordance/compliance with the operational rules.
Attempting to regulate the operation of aircraft from within the Airworthiness Code has always been doomed to failure.
Jim