Originally Posted by
AerocatS2A
If they're hoping to break visual then they're not flying a missed approach. Once you start flying the missed approach, you've stopped "hoping to break visual".
Maintaining altitude and hoping to break visual is just continuing the approach.
What happens if, for example, you go out of tolerance/the aid fails, you start to conduct the MA (climb, track) and you suddenly break visual? Are you not now legally entitled to conduct a visual approach (circling or straight in, assuming you're not too high)? I believe that's where this whole idea stems from . .