Steven P. McNicoll wrote:

It may be a real world problem, but it's not the problem I presented.

But it can be. You may be approaching the VOR and be lined up, or
almost lined up with the final approach course. Sure RADAR is
available, but ATC did not provide vectors. Technically you should go
around the hold once. But that doesn't make good sense unless you have
altitude to lose. And ATC doesn't like it. Why should the controller
be forced to provide vectors in this instance?

Clearance for the approach while proceeding direct to SJC VOR is clearance
for the procedure turn, there's no basis for ATC to chew anyone out.

Yeah, that's why pilots have complained and at least one received a
profuse apology from a supervisor at the TRACON. But that doesn't
change the fact that ATC would rather not deal with the procedure turn
and many controllers cut corners in trying to avoid it. And, yes, they
are wrong. But they still do it (it got better for a while after the
complaints, but lately they seem to have reverted to their old tricks).

Now let me ask a question. What if ATC clears you direct to the VOR
and then clears you for the "straight-in" approach? Isn't the
controller's instruction in conflict with the AIM? Who wins,
hypothetically speaking (say you can't contact him for clarification)?