For the last year, the VIX range has been about 16-32/38. "If it's headed into a new range", it a reading in the 40's may not mean much. Perhaps the new range will be 25-50? If so, it will have to demonstrate that for a while before the VIX is of any value. (however, buying around 50-55 was good in the Tech Wreck)
Ah - you are trying to define the first infinite-lifespan trading range in financial market history. Your problem with gnome's post is pure semantics.
Since option market-makers can no longer go short stock ( as a hedge ) without an uptick, this must be factored into implied volatility. This will have an effect on the VIX.