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 Tijs Djaiden Mattson 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 

Tijs Mattson is aboard its aircraft is granted an exemption from 14 CFR § 

121.311(b)(2)(iii)(B) to the extent necessary to allow Tijs Mattson 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 5 year’s old, weighs 44 pounds, and is 45 inches tall. My son’s 

physical condition is as follows: cerebral palsy (spastic quadriplegia) where 

he has limited trunk control and difficulty using his arms and legs. As a 

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

by an FAA Approved Child Restraint, but because of his length is 

incapable of compliance with the regulation. I am also submitting the 

following contact information: Anna Lamers & Brian Mattson, Nieuw 

Voordorpstraat 7, 2251SZ Voorschoten, Netherlands, 

amattson@ash.nl

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 Tijs Djaiden Mattson be allowed to occupy an FAA 

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

though he exceeds the manufacturer’s length and weight limits. This 

ensures a high level of safety for Tijs and a high level of safety for the 

other passengers and crew on the airplane. In fact, in Tijs’ 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 Tijs 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 Tijs Mattson only sits in a passenger seat with no 

passenger seated behind him. Therefore, no unsafe condition would exist 

for a passenger seated behind Tijs while he is using the CARES restraint. I 

also propose that all operations under this exemption be conducted with at 

least one of Tijs’ parents or a caregiver accompanying him. In addition, I 

propose that Tijs’ 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 June 

24-July 25,2014. 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 and height 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.

Sincerely, 

Anna Lamers & Brian Mattson

(parents of Tijs Djaiden Mattson)