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 Casey Crombie Baylis 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 Casey 

Crombie Baylis is aboard its aircraft is granted an exemption from 14 CFR 

§ 121.311(b)(2)(iii)(B) to the extent necessary to allow (Casey Crombie 

Baylis) 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 ___18__ year’s old, weighs __90___ pounds, and is 

___50___ inches tall. My daughter’s physical condition is as follows 

(Cerebral Palsy, spastic quadriplegia). 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 am also submitting the following 

contact information: (Carrie Crombie), (12 Lynden Avenue, Dundas, 

Ontario, Canada, L9H 4J8) and (carrie.crombie@sympatico.ca)

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 (Casey Crombie Baylis) 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 (Casey Crombie Baylis) and a high level of safety for 

the other passengers and crew on the airplane. In fact, in (Casey Crombie 

Baylis)’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 (Casey Crombie Baylis) 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 (Casey Crombie Baylis) only sits in a passenger seat 

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

exist for a passenger seated behind (Casey Crombie Baylis) while (she) 

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

exemption be conducted with at least one of (Casey Crombie Baylis’

parents or a caregiver accompanying him or her. In addition, I propose that 

(Casey Crombie Baylis’) 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 (April 

3 - 8, 2015). 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.
Thank you for your consideration of this request.

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