Air and Space Law
Volume 45, Issue 3 (2020) pp. 309 – 340

https://doi.org/10.54648/aila2020041

Abstract

Boeing faces an unprecedented crisis in its history, after the 737 Max aircraft have been grounded following two major crashes. Beyond the technical problems revealed during the investigations conducted after these accidents, it appeared that the certification process in place in the United States (US) suffered from several flaws which could have contributed to these disasters. As the US certification process served as a model in several countries and regions, it appears necessary to address the lessons that can be learned from the 737 MAX certification issues, not only in the US but also within the European Union (EU) as both systems hold many similarities. Most notably, the delegation of powers, or ‘privileges’, is now under scrutiny, while it has been the basis of a system relying on shared trust between the regulators and the manufacturers. The EU immediately took actions to change its certification process, and such a move is also expected in the United States. This can significantly increase the administrative burden on manufacturers, at a time when international competition is fiercer than ever.

Extract

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