Request to Use CARES Child Restraint System for Larger/Older 

Persons

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

extent required for Billy Davis to be able to use an FAA Approved 

Child Restraint System even though he exceeds the 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 Billy 

Davis is aboard its aircraft is granted an exemption from 14 CFR § 

121.311(b)(2)(iii)(B) to the extent necessary to allow Billy Davis to 

exceed the specified 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 eight year’s old, weighs 53 pounds, and is 48 inches tall. 

My son’s physical condition is as follows Angelman Syndrome. As a 

result of his physical condition, he needs the support and security 

provided by an FAA Approved Child Restraint, but because of his 

weight is incapable of compliance with the regulation. I am also 

submitting the following contact information: name – Joanne Davis,

mailing address – 6 Belvedere Drive Montrose 3765, Victoria 

Australia and email address – heyjod@gmail.com

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 Billy Davis be allowed to occupy an FAA Approved 

Child Restraint (CARES, manufactured by AmSafe, Inc.), even 

though he exceeds the manufacturer’s weight limits. This ensures a 
high level of safety for Billy Davis and a high level of safety for the 

other passengers and crew on the airplane. In fact, in Billy Davis’ 

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 Billy Davis 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. 

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.

I believe that the limit of 44 pounds 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 Billy Davis only sits in a passenger seat 

with no passenger seated behind her. Therefore, no unsafe condition 

would exist for a passenger seated behind Billy Davis while he is 

using the CARES restraint. I also propose that all operations under 

this exemption be conducted with at least one of Billy Davis’ parents 
or a caregiver accompanying him. In addition, I propose that Billy 

Davis’ 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 2013. 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. 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.

Thank you for your consideration of this request.

Joanne Davis