Originally Posted by
Virtually There
You're out of tolerance (half-scale deflection VOR, RNAV, 5-degrees NDB), but you still know where you are, and there are no known obstacles in the area.
This is the scenario being proposed. And legally, it seems to hold water.
I'd say no, it doesn't. You are out of tolerance of the approach, so what is your safe height for your current location (MSA) and how do you get there (CLIMB)?
It's a little like saying "I'm enroute tracking to the aid at route LSALT, but I go out of tolerance. I'll just stay at this height anyway." No, you'd go to the grid LSALT, or MSA if you've got it.