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 

Caleb Rai 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 Caleb Rai is aboard its aircraft 

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

Caleb Rai 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.

Caleb is fifteen year’s old, weighs 60 pounds, and is 5 feet 5 inches tall with his brace on. 

Caleb’s physical condition is as follows, extremely limited independent movement, curved 

spine, relies on care attendant for all acts of daily living. 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: Sharon Rai, 10171 Number Five Road, Richmond, BC, 

V7A 4E3, Sabbath.7@hotmail.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 Caleb Rai 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 Caleb and a high level of safety for the other passengers 

and crew on the airplane. In fact, in Caleb’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 Caleb Rai 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 Caleb Rai only sits 

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

exist for a passenger seated behind Caleb while he is using the CARES restraint. I also 

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

parents or a caregiver accompanying him or her. In addition, I propose that Caleb’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 in August or September. 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 himduring the flight.

Thank you for your consideration of this request.

Lindsay Barnett 

Wish Coordinator 

The Children’s Wish Foundation of Canada, BC & Yukon Chapter 

t: (778) 383-1416 
e: lindsay.barnett@childrenswish.ca