Originally Posted by
Virtually There
Maybe I need to qualify what is being said: that if there are no known obstacles (you're out bush etc), there is nothing in the regs to prevent the option of leveling out while tracking to the MAPt (presumably dead reckoning, as your radio aid/navaid has failed, or you're out of tolerance to the point you're not quite sure where you are) in the hope of breaking visual. Not a blanket action in any approach, but rather a legal option based on regulatory ambiguity and circumstance.
Take CAR 178 for example:
(4)An aircraft may be flown along a route segment at a height less than the height that is applicable under subregulation (1) or (2):
(b) (ii) in accordance with any instructions published in AIP; or
(c) during an authorised instrument departure procedure or authorised instrument approach procedure
A missed approach is an authorised instrument approach procedure. And I agree, some plates do explicitly direct you to climb before the MAPt or other point. But most just say "Track, climb, turn" etc.
Common sense may tell you to climb immediately, but the regs don't. As far as I can tell. Which is the reason for this thread.
The MDA or DA is only valid assuming you are on track. If you are not on track, e.g., out of tolerance or navaid failed, then you are no longer established on the approach and the MDA/DA is no longer valid for your position. You are now in a position where you no longer have assured obstacle clearance. You climb straight away because you must get clear of the ground. You track to the MAPT and
then track via the missed approach so that you follow the ground track the procedure designs came up with to keep you clear of hills, restricted areas etc.
If it doesn't specifically say in the regs that you must climb immediately it's because nobody ever conceived that anyone would think otherwise.