American law produces safer aviation outcomes than European law.
What we have done is take a pragmatic look at the safety record which, as I have said to the Committee when they visited the Safety Regulation Group, is second to none in Europe and twice as good as the Americans.
So who do I believe? An anonymous american poster or a statement made under oath to a UK Transport Select Committee hearing on the workings of the UK CAA.
The UK CAA has always regulated a system of shared responsibility because the benefits are well known.
Government tasks the regulator
regulator tasks industry (by producing regulations)
industry has responsibilities and is accountable
key individuals are licensed (pilots and engineers)
they are responsible and accountable for their actions
This approach has consistently produced the safest aviation community year after year.
The argument is in fact quite simple and does not require academic intervention particularly by those far removed from the day to day reality of attempting to fly safely. It is not something than can be quantified around some nice warm coffee table, through a few abstract theories whilst the producer of that safety record is outside in 2 feet of snow at -5C.
The american legal approach does not produce a safer aviation community as claimed, it does however produce more dollars in the legal aftermath.
Iron duke hit the nail on the head because all those involved in aviation in Britain realise one thing:
They are directly responsible for everything they do. They cannot run off to mummy employer to take the rap if they foul up. Iron duke likes it that way, I like it that way. It is bracing, it does concentrate the mind and it does produce the safest aviation environment.