Regulation CAN make things unsafe. Compare the highly regulated Part 135 charter operation accident record with the (relatively) unfettered Part 91 operation accident record. SAME airplanes, but the 135 operators have an accident record over the years far HIGHER than the Part 91 business aircraft operators.
There are several factors in play:
- The cost of compliance with the much stricter Part 135 operations. The aircraft have to have a much stricter maintenance program–the pilots must have additional check rides (though BOTH Part 91 and 135 operators attend recurrent training for insurance purposes. The cost of compliance with restrictive regulations increases costs and cuts into any possible profit incentive.
- As a result, charter operators end up cutting corners–maintenance, aircraft, pilot salaries–which results in lower-qualified crews. (Have you ever seen a corporate pilot that wistfully says “I’d like to quit this, and go to work for a charter company”?)
- The higher insurance rates for Part 135 have to be passed on to the customer–decreasing the number of people actually availing themselves of a flight. THESE are the people that say “we looked into a charter flight–the cost was outrageous–we will continue to fly the airlines.” This harms BOTH PART 91 AND 135 OPERATORS.
- Increased regulation never works. If it did, wouldn’t you see European Part 91 and 135 operators prospering in a booming aviation economy?
- As pilots ourselves, we need to ask ourselves “Would I feel better on a corporate or charter flight?” With 6 jet type ratings, 30,000+ hours, 59 years flying, and over 50 years in the business, I’ll take the corporate flight almost every time.
Safety Management Systems–note that the FAA has had a “hard sell” trying to convince operators that it actually does any good. That doesn’t mean that a “best practices” program CAN’T work–you just have to convince pilots that it is something other than “window dressing”. PEER PRESSURE works–where over-regulation fails.