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 Charlotte 

Victoria Roberts to be able to use an FAA Approved Child Restraint System even though she 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 Charlotte is aboard its aircraft is granted an 

exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Charlotte 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 daughter’s physical condition is as follows she suffers from complex emotional problems due to 

Autism and ADHD and when upset or overly anxious she becomes distressed and can thrash and 

kick making her a perceived danger on flights, in previous incidents rather than the anxiety causing 

strength she experiences loss of muscle control and becomes like a limp rag doll unable to retain a 

safe sitting position as the lap belt allows her to slip downwards. She will be five years old when we 

travel and currently weighs 42 pounds so by date of travel will exceed the 44 pound limit. She is 1.1 

metres tall at the current time. As a result of her physical condition, she needs the support and 

security provided by an FAA Approved Child Restraint, but because of her weight 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 Charlotte be allowed to occupy an FAA Approved Child Restraint (CARES, 

manufactured by AmSafe Corporation), even though she exceeds the manufacturer’s weight limits. 

This ensures a high level of safety for Charlotte and a high level of safety for the other passengers 

and crew on the airplane. In fact, in Charlotte'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 Charlotte 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 her to use commercial 

air transportation. Without the support and security of the FAA Approved Child Restraint System, she

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 Charlotte only sits in a passenger seat 

with no passenger seated behind her. Therefore, no unsafe condition would exist for a passenger 

seated behind Charlotte while she is using the CARES restraint. I also propose that all operations 

under this exemption be conducted with at least one of Charlotte’s parents or a caregiver 

accompanying him or her. In addition, I propose that Charlotte’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 24th May 2012 until 9th June 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 she 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 her during 

the flight.