aterpster
yes, I agree with you...if you are visual and go into cloud for that moment you are either violating regulations or acting under the emergency authority of the pilot in command. flying a published missed approach would give you terrain clearance. in fact it may be the ONLY way to avoid terrain.
now I also agree with you...don't take a visual if you are in marginal conditions.
and I did mention...if you are taking it in marginal conditions, take command and advise/request alternative instructions.