One regulatory development that has stuck since the start of the new century is the idea that we need to transition from prescriptive requirements to performance-based requirements. It’s not too hard to understand where the motivation to change has come from but there are several strands to the path. Here’s three that come to mind.
For one, the intense dislike of overbearing governmental regulators who adopt an almost parental attitude towards industry. It’s true that safety regulatory bodies have a duty to serve the public interest. The difficulty arises in interpreting that brief. Not as police officers sometimes did, imagining everyone as a potential miscreant.
My experience as a regulator started at a time when traditional institutional approach was quite common. There was a respectful distance between the airworthiness surveyor or operations inspector and the aviation industry that they oversaw. I think, even the term “surveyor” was one inherited from the insurance industry at the birth of flying.
A wave of liberalisation swept into the 1980s. It was an anathema to those who started their careers as men from the Ministry. The idea that regulators should be in a partnership with industry to meet common goals was not easily accepted. Undoubtably a change was necessary and, naturally, easier for an up-and-coming generation.
The next move away from regulatory prescription came as its value declined. That is, not that there will not always be an element of prescription by matter of the written law. However, for detailed technical considerations it became less and less practical to say, this is the way it must be. The minute decision-makers were faced with the complexity of a microprocessor it become clear that it’s not effective to simply prescribe solutions.
Much of the changes that took place can be traced to the evolution of system safety assessment and the use of probabilistic methods in aviation. In mechanics, prescribing a safety guard for a chain drive is straightforward. For complex electronics saying when a flight system is safe enough requires a different approach. Regulators are now driven to set objective rather than dictate solutions.
My third point is a future looking one. Whatever the history and heritage of aeronautical innovation, it’s true that a “conservative” but rapid adoption of new technology continues to be a source of success. Great safety success as well as commercial success.
Hidden amongst the successes are products, and ways of working that don’t meet the grade. The joke goes something like this: “How can I make a fortune in aviation?” Answer: “Just start with a big one.” Implicit in this observation is a wiliness to innovate at risk. That means, amongst many things, having confidence, adaptability and not be so constrained as to be assured failure. An objective or performance-based approach to safety regulation opens opportunity to innovate more freely whilst still protecting the public interest in safety.
There’s no fixed destination for regulatory development.