1

Request to Use CARES Child Restraint System for Larger/Older Persons

We are writing to request an exemption from 14 CFR § 121.311(b) to the extent required 

for Jonathan W. Bernau to be able to use an FAA Approved Child Restraint System even 

though he exceeds the weight limits for the CRS.

In addition, if our petition is granted, we request that any air carrier or commercial operator 

operating under part 121 while Jonathan is aboard its aircraft is granted an exemption from 14 

CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Jonathan to exceed the specified 

weight limit for an FAA-approved child restraint system during use of that child restraint system 

aboard an aircraft. We believe the pertinent section from 14 CFR part 121 from which we seek 

relief is Section 121.311 Seats, safety belts, and shoulder harnesses.

Our son is fifteen year’s old, weighs 80 pounds, and is 49 inches tall. Our son’s physical 

condition is as follows: Jonathan was born with Spina Bifida with Arnold Chiari malformation 

and is paralyzed from the waist down. Because of his severe scoliosis, he has undergone a 

sixteen vertebrae spinal fusion which significantly limits his upper body movement. As a result 

of a major seizure ten years ago, his motor skills are also limited. These physical conditions 

require the support and security provided by an FAA Approved Child Restraint, but because of 

his weight is incapable of compliance with the regulation. We are also submitting the following

contact information:

Jeremy and Lynn Bernau Email: jbernau@sbcglobal.net

501 Falcon Crest Lane

El Dorado Hills, CA 95762 

We 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.

We propose that Jonathan 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 Jonathan and a high level of safety for the other passengers and 

crew on the airplane. In fact, in Jonathan’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 Jonathan 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 
2

commercial air transportation. Without the support and security of the FAA Approved Child 

Restraint System, he would be unable to fly commercially.

We 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. We 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, we

propose that the FAA establish a limitation in a grant to this petition that Jonathan only sits in a 

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

for a passenger seated behind Jonathan while he is using the CARES restraint. We also propose 

that all operations under this exemption be conducted with at least one of Jonathan’s parents or a 

caregiver accompanying him. In addition, we propose that Jonathan’s parent or caregiver must 

carry a copy of this exemption.

We also request that the processing of this petition not be delayed for publication and comment 

in the Federal Register. We want to travel May 13-16. 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 time frame.

If it is necessary to put a summary in the Federal Register, we 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.