I am unsure how you could run a certification system reliant upon seating capacity - on that basis a Sikorsky Skycrane and the K-Max become instant contenders for JAR27!
There had to be a limit set somewhere and it is clear that there is scope for weight creep just as it has been in the past with the main JAR27 airframes now up to 3,000kg. The problem here, as stated by tecpilot, is the timing and the margin.
Meanwhile the customers are apparently staying away.
The 429 should be selling like hot cakes it has a whole heap going for it, flies beautifully etc etc but its just plain heavy and it looks as if unable to take the ship down by weight reductions Bell are crossing their fingers and hoping they can smash way up through the [glass?] ceiling.
That is a risky strategy no matter how you look at it.