112 

14 CFR Ch. I (1–1–19 Edition) 

§ 121.311 

(

2

) That the seat was manufactured 

under the standards of the United Na-
tions; 

(

3

) That the seat or child restraint 

device furnished by the certificate 
holder was approved by the FAA 
through Type Certificate or Supple-
mental Type Certificate; or 

(

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 accord-
ance with § 21.8(d) of this chapter or 
Technical Standard Order C–100b, or a 
later version. The child restraint de-
vice manufactured by AmSafe, Inc. 
(CARES, Part No. 4082) and approved 
by the FAA in accordance with 
§ 21.305(d) (2010 ed.) of this chapter may 
continue to bear a label or markings 
showing FAA approval in accordance 
with § 21.305(d) (2010 ed.) of this chapter. 

(D) Except as provided in 

§ 121.311(b)(2)(ii)(C)(

3

) and 

§ 121.311(b)(2)(ii)(C)(

4

), booster-type 

child restraint systems (as defined in 
Federal Motor Vehicle Safety Standard 
No. 213 (49 CFR 571.213)), vest- and har-
ness-type child restraint systems, and 
lap held child restraints are not ap-
proved 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 for-
ward-facing seat or berth; 

(B) The child must be properly se-

cured 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). 

(c) Except as provided in paragraph 

(c)(3) of this section, the following pro-
hibitions apply to certificate holders: 

(1) Except as provided in 

§ 121.311(b)(2)(ii)(C)(

3

) and 

§ 121.311(b)(2)(ii)(C)(

4

), no certificate 

holder may permit a child, in an air-
craft, to occupy a booster-type child 
restraint system, a vest-type child re-
straint system, a harness-type child re-
straint system, or a lap held child re-
straint system during take off, landing, 
and movement on the surface. 

(2) Except as required in paragraph 

(c)(1) of this section, no certificate 
holder may prohibit a child, if re-

quested by the child’s parent, guardian, 
or designated attendant, from occu-
pying a child restraint system fur-
nished by the child’s parent, guardian, 
or designated attendant provided— 

(i) The child holds a ticket for an ap-

proved seat or berth or such seat or 
berth is otherwise made available by 
the certificate holder for the child’s 
use; 

(ii) The requirements of paragraph 

(b)(2)(i) of this section are met; 

(iii) The requirements of paragraph 

(b)(2)(iii) of this section are met; and 

(iv) The child restraint system has 

one or more of the labels described in 
paragraphs (b)(2)(ii)(A) through 
(b)(2)(ii)(C) of this section. 

(3) This section does not prohibit the 

certificate holder from providing child 
restraint systems authorized by this 
section or, consistent with safe oper-
ating practices, determining the most 
appropriate passenger seat location for 
the child restraint system. 

(d) Each sideward facing seat must 

comply with the applicable require-
ments of § 25.785(c) of this chapter. 

(e) Except as provided in paragraphs 

(e)(1) through (e)(3) of this section, no 
certificate holder may take off or land 
an airplane unless each passenger seat 
back is in the upright position. Each 
passenger shall comply with instruc-
tions given by a crewmember in com-
pliance with this paragraph. 

(1) This paragraph does not apply to 

seat backs placed in other than the up-
right position in compliance with 
§ 121.310(f)(3). 

(2) This paragraph does not apply to 

seats on which cargo or persons who 
are unable to sit erect for a medical 
reason are carried in accordance with 
procedures in the certificate holder’s 
manual if the seat back does not ob-
struct any passenger’s access to the 
aisle or to any emergency exit. 

(3) On airplanes with no flight at-

tendant, the certificate holder may 
take off or land as long as the 
flightcrew instructs each passenger to 
place his or her seat back in the up-
right position for takeoff and landing. 

(f) No person may operate a transport 

category airplane that was type certifi-
cated after January 1, 1958, or a non-
transport category airplane manufac-
tured after March 20, 1997, unless it is 

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