Andrewr, re your post #524, I'm not sure where you are going with this line of reasoning, however I'll note that under Night VFR the pilot must either navigate with continual reference to the ground or use Navaids.
It is in response to those who have said clearance would have been available if he had waited a few minutes instead of diverting.
HOW do you wait NVFR, away from a navaid and without a proper holding procedure, then resume track within the required tolerances?
The navaids are designed for aircraft travelling in a straight line i.e. holding a heading, not circling.