Request to Use CARES for Larger/Older Persons

I am writing to request an exemption from 14 CFR § 121.311(b) to the extent required for Jannik 

Lasse Meister to be able to use an FAA Approved Child Restraint System even though he exceeds 

the height and weight limits for the CRS. In addition, if my petition is granted, I request that any air 

carrier or commercial operator operating under part 121 while Jannik Lasse Meister is aboard its 

aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to 

allow Jannik Lasse Meister to exceed the specified height and weight limit for an FAA-approved 

child restraint system during use of that child restraint system aboard an aircraft.

I believe the pertinent section from 14 CFR part 121 from which we seek relief is Section 121.311 

Seats, safety belts, and shoulder harnesses.

My son is 6 year’s old, weighs 39 pounds, and is 52 inches tall. My son’s physical condition is as 

follows – he has cerebral palsy and can walk and sit well when assisted e.g. by a belt (GMFCS 

Level IV). As a result of his physical condition, he needs the support and security provided by an 

FAA Approved Child Restraint, but because of his height is incapable of compliance with the 

regulation.

I understand that the regulation is written to create a high level of safety for each individual 

passenger by ensuring that they are securely restrained in their seats during all phases of flight. The 

regulation also ensures that an individual does not cause harm to other passengers on the airplane by 

being thrown into them during turbulent or emergency conditions.

I propose that Jannik Lasse Meister be allowed to occupy an FAA Approved Child Restraint 

(CARES, manufactured by AmSafe, Inc.), even though he exceeds the manufacturer’s height and 

weight limits. This ensures a high level of safety for Jannik Lasse Meister and a high level of 

safety for the other passengers and crew on the airplane. In fact, in Jannik Lasse Meister ́s case, 

safety is greatly enhanced by the extra support and security that the FAA Approved Restraint 

System will provide during the entire flight.

Enhancing safety for Jannik Lasse Meister is in the public interest. In addition, the public interest 

is also served by the fact that the use of this FAA Approved Child Restraint System allows him to 

use commercial air transportation. Without the support and security of the FAA Approved Child 

Restraint System, he would be unable to fly commercially.

I also believe that, with certain limitations established by the FAA in a grant to this petition, there 

can be an equivalent level of safety to that provided by the affected regulation. The CARES 

restraint has been certified by the manufacturer for use by children 22- 44 pounds and 40 inches. 

However, the components of the CARES restraint are the same as those used in restraints for adults 

on aircraft and would maintain their integrity if used by someone who weighed several hundred 

pounds and was 70 inches tall.

I believe that the limit of 44 pounds and 40 inches was established because, with the additional 

weight of the child attached to the seatback, the seatback would move forward more quickly in an 

accident scenario and this might cause a higher HIC load for the person seated in the seat behind the 

passenger using the CARES restraint (because the seatback moving forward more quickly would 

mean that it would not be there to attenuate the energy from the impact of the person seated behind 

the person using the CARES restraint).

In order to achieve an equivalent level of safety as that provided by the affected regulation, I 

propose that the FAA establish a limitation in a grant to this petition that Jannik Lasse Meister 

only sits in a passenger seat with no passenger seated behind her. Therefore, no unsafe condition 

would exist for a passenger seated behind Jannik Lasse Meister while he is using the CARES 

restraint. I also propose that all operations under this exemption be conducted with at least one of 

Jannik Lasse Meister’s parents or a caregiver accompanying him or her. In addition, I propose that 

Jannik Lasse Meister’s parent or caregiver must carry a copy of this exemption.
I also request that the processing of this petition not be delayed for publication and comment in the 

Federal Register. We want to travel October, 2nd 2012. If you take the time to put this in the Federal 

Register, it will delay the process and we may not be able to travel in this timeframe.

If it is necessary to put a summary in the Federal Register, I submit the following:

This is a request for an exemption from FAR 121.311 (b) to the extent required for a child to use an 

FAA Approved Child Restraint System on an aircraft, even though the child exceeds the weight 

limits for the CRS. Due to physical challenges, without the support and security of this FAA

Approved Child Restraint System, this child would be unable to fly. We request that this child be 

allowed to occupy an FAA Approved Child Restraint (CARES, manufactured by AmSafe, Inc.), 

even though he exceeds the manufacturer’s weight limits of 44 pounds and height limits of 40 

inches. In this case, the safety of this child is greatly enhanced by the extra support and security that 

the FAA Approved Restraint System will provide for him during the flight.

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