Narrowing down the discussion
Just looking at the Polar incident and asking how can we prevent repetition, purely from a Flight Safety aspect, perhaps a change in style of ATC Is required.
I am by no means an ATC specialists, but stealing some ideas from elsewhere; FRA, SIN in particular, I propose the following.
The AIP and all charts need to inform operators to contact departures passing 500 feet and to state altitude passing and cleared to and cleared SID on first contact with departures.
The initial ATC clearance should have the SID clearance as per normal, but the following phrase is added,
"Expect RNY Track, Climb 5000 feet and contact Departures passing 500 feet and say cleared SID". Assuming nothing unusual is happening, a typical take-off clearance becomes, "Callsign, maintain Runway track, climb 5000, contact departures passing 500 feet, cleared TO RNY 07R, good afternoon".
A few points that the purists may not like;
1. Runway Track. Usually they say heading. We don't want the wind pushing aircraft toward the terrain. Most aircraft now have track function. If they don't, then the pilot has to earn his grossly inflated salary ;-p
2. Four instructions in the clearance. However, it's all in the initial clearance, so shouldn't be a surprise. If we really want to get clever, it can be given when taxiing out to minimise chat on the runway.
3. Now I can hear a whirring noise and that's a few elder Checkers spinning before they get to their graves. How dare someone say "Good morning/afternoon/bye". The reality is, when not on check, we all do it. In this case, it's not just courtesy, it's a very efficient way of telling crew that it's an auto-change of frequency and Tower does not expect to hear from you again.
4. Passing 500, Departure is contacted, which is a quiet time on the Flightdeck if all is going well. This lower changeover gives ATC a chance to intervene should an aircraft be starting to turn early. When the departing aircraft checks-in, ATC replies,"Climb straight ahead to 7 miles and resume the SID." Assuming the SID is loaded, the pilot can select a lateral navigation mode at any stage up to 7 miles.
5. If things are not going well and at 500 there is no autochange, then the aircraft safely flies runway heading to 5000 or executes the EO departure, by which stage an emergency call has probably been made.
Despite reading somewhat complex, I believe this procedure is relatively simple. It utilises some established protocols (auto-changes, amended clearance, resume a SID), whilst allowing time for ATC to intervene should confusion arise.
Flame away......