THE CHOPPER - unless you are lucky enough to have un limited budget EVERYTHING has to be justified.
In this case, the rules allow Flight in circumstances I believe most experience pilots would agree, challenges the margins of safety. Sometimes compliance does not always mean SAFE.
I have an open mind but tempered by experience and gut feeling. However, it has to be justified to customers in a marketplace where the guy next door would offer a better, compliant as a maximum, deal.