Letter – Request to Use CARES for Larger/Older Persons:

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 

Tessa Dunne to be able to use an FAA Approved Child Restraint System even though Tessa 

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 Tessa is aboard its aircraft 

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

Tessa 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 is 6 years old, weighs __57.3_ pounds, and is 46.85 inches tall. My daughter’s 

physical condition is as follows: Tessa has Severe Autism as well as a Learning Disability. 

She is unable to sit unassisted in a vehicle as a seatbelt alone is not sufficient. As part of the 

bolting behavior seen in children with ASD, Tessa will continuously escape any seatbelt. 

Tessa also has Sensory Processing Disorder which in her case means she will continue to 

force herself out of a seatbelt even if it is painful – tight doesn’t make a difference. Tessa has 

ADHD and will not sit, but will climb, run, jump tirelessly to satisfy her sensory needs – this 

will be done without concern for her own or anyone else’s safety. For car/bus/train travel we 

use either the Houdini Harness or the CarFix Magnetic Vest Harness. 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 Tessa be allowed to occupy an FAA Approved Child Restraint (CARES, 

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

This ensures a high level of safety for Tessa and a high level of safety for the other 

passengers and crew on the airplane. In fact, in Tessa’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 Tessa 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 Tessa only sits in a 

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

exist for a passenger seated behind Tessa while she is using the CARES restraint. I also 

propose that all operations under this exemption be conducted with at least one of Tessa’s

parents or a caregiver accompanying him or her. In addition, I propose that Tessa’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 14 July 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 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 him during the flight.

Below is the actual FAA Government Document for YOUR information and 

need not be included in your request to use CARES for your special needs 

larger child, teenager, or adult.

SEATS, SAFETY, AND SHOULDER HARNESS

(b) Except as provided in this paragraph, each person on board an airplane operated under 

this part shall occupy an approved seat or berth with a separate safety belt properly secured 

about him or her during movement on the surface, takeoff, and landing. A safety belt 

provided for the occupant of a seat may not be used by more than one person who has 

reached his or her second birthday. Notwithstanding the preceding requirements, a child may:

(1) Be held by an adult who is occupying an approved seat or berth, provided the child has 

not reached his or her second birthday and the child does not occupy or use any restraining 

device; or
(2) Notwithstanding any other requirement of this chapter, occupy an approved child restraint 

system furnished by the certificate holder or one of the persons described in paragraph 

(b)(2)(i) of this section, provided:

(i) The child is accompanied by a parent, guardian, or attendant designated by the child’s 

parent or guardian to attend to the safety of the child during the flight;

(ii) Except as provided in paragraph (b)(2)(ii)(D) of this section, the approved child restraint 

system bears one or more labels as follows:

(A) Seats manufactured to U.S. standards between January 1, 1981, and February 25, 1985, 

must bear the label: “This child restraint system conforms to all applicable Federal motor 

vehicle safety standards.”

(B) Seats manufactured to U.S. standards on or after February 26, 1985, must bear two labels:

(1) “This child restraint system conforms to all applicable Federal motor vehicle safety 

standards”; and

(2) “THIS RESTRAINT IS CERTIFIED FOR USE IN MOTOR VEHICLES AND 

AIRCRAFT” in red lettering;

(C) Seats that do not qualify under paragraphs (B)(2)(ii)(A) and (b)(2)(ii)(B) of this section 

must bear a label or markings showing:

(1) That the seat was approved by a foreign government;

(2) That the seat was manufactured under the standards of the United Nations; or

(3) That the seat or child restraint device furnished by the certificate holder was approved by

the FAA through Type Certificate or Supplemental Type Certificate.

(4) That the seat or child restraint device furnished by the certificate holder, or one of the 

persons described in paragraph (b) (2) (i) of this section, was approved by the FAA in 

accordance with §21.305(d) or Technical Standard Order C–100b, or a later version.

(D) Except as provided in §121.311(b)(2)(ii)(C)( 3 ) and §121.311(b)(2)(ii)(C)( 4 ), boostertype child restraint systems (as defined in Federal Motor Vehicle Safety Standard No. 213 

(49 CFR 571.213)), vest- and harness-type child restraint systems, and lap held child 

restraints are not approved for use in aircraft; and

(iii) The certificate holder complies with the following requirements:

(A) The restraint system must be properly secured to an approved forward-facing seat or 

berth;

(B) The child must be properly secured in the restraint system and must not exceed the 

specified weight limit for the restraint system; and

(C) The restraint system must bear the appropriate label(s).