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 

Timothy Blake Crossman 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 Timothy is 

aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent 

necessary to allow Timothy 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 son is 25 year’s old, weighs 66 pounds, and is 4 feet 10 inches tall. My son’s physical 

condition is as follows; cerebral palsy with spastic quadriplegia. 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:

Trevor Crossman

18 Hargrave Street, Semaphore, South Australia 5019. AUSTRALIA

and email address

xman18@bigpond.com

These are the address and email address of the parent/guardian.

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 Timothy Crossman 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 Timothy and a high level of safety for the other 

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

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

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

propose that all operations under this exemption be conducted with at least one of Timothy

Crossman’s parents or a caregiver accompanying him. In addition, I propose that Timothy’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 between 30th January 2015 to 30th August 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 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.

Yours sincerely

Trevor Crossman