The rules were available for all to see decades ago.
What’s interesting in the article are these two statements, “It got expensive hiring A&Ps for such oversight and delayed development and “[…] to buy our way through the process with lawyers,
DERs, […]” I think its very telling to be this far into a project of this magnitude and not have at least one A&P and DER on staff. Perhaps if they did have them on staff they could have worked out the flight testing operating issues and helped with the policy vs regs comments on modifications and selling. Regardless it does not appear to be only an FAA problem.
As Paul Harvey would say, now “the rest of the story.”
What's always missing from these evil FAA vs certification discussions is people have forgotten or do not know about
AGATE: Advanced General Aviation Transport Experiments. Between GARA and AGATE it was the government/congress/industry hail-mary effort to revitalize private GA. I was directly involved in the ASTS and several smaller programs under AGATE. Millions of dollars were allocated which brought together all the major players under a common goal. It was quite a sight. However, the sad part was in the end, the same GA market AGATE was mostly developed for decided they, i.e., private aircraft owners and operators, didn’t want to buy into those innovations or new technologies. Elvis left the GA building.
In general, as direct result, OEMs dropped plans for new products, congress stopped funding large general aviation initiatives, and the FAA transformed into more an oversight agency on a reduced budget. The GA certification process took a backseat as there was no longer a demand, with those resources reallocated, and the Designee program was expanded to handle what demand there was. There have been some attempts since then with LSA, Safer Skies, and the Part 23 rewrite, but that same market has not shown any large scale interest in any of them.
And here we are 20+ years later with that same GA market flying the same now 60 year aircraft and complaining about the same issues yet its still somehow the FAAs fault. The funny thing is its only the private GA market that has never recovered. For example, the helicopter GA side has never reduced or stopped producing aircraft unlike the airplane side and has continually brought to market new models using the same evil FAA certification process. Same with certain other GA classified airplanes, STC upgrades, etc. continue to be certified on a regular basis. You have to ask why?
So if you look at the big picture, which includes the economic side and liability issues, it not just the certification process but the market it serves that defines the result.