Originally Posted by
dehg5776
Like you have said before, your ATO and instructors have found a grey area and seem to be thinking too much into it, but it is ultimately at their peril. Such behaviour is seriously frowned upon by airlines, as SOP's rule, and I think a lot of people on here getting upset are doing so for this reason. They are trying to help you and guide you away from listening to something that has no basis in common sense and airmanship.
I understand, and thank you for taking the time to post. This is the GA forum - none of what I've written applies to the jet jockeys - and all I was really asking was for someone to point out the regs. Some did, and I presented counter-arguments highlighting grey areas that had already been considered. It's not a matter of spitting in anyone's face - it was simply about exploring the legalities of a different interpretation of the regs I had recently heard, and wanting to know if there was something that had been overlooked.
For the record, the scenario put to me was slipping out of tolerance on an RNAV at 5 or so miles out and then, in accordance with the regs, leveling out (thus discontinuing the approach), tracking to the MAPt, and commencing the climb as instructed by the plate. If you were to get visual in the mean time, all good and well.
When I first heard this, I argued against it like everyone else here. But then I wondered, is there anything legally wrong with it in certain circumstances?
My mistake was simply trying to explore that here.