The Basics

 

Regulations drafted over 50 years ago required individual safety belts for all passengers and crew; excluding infants.  The regulation has not changed much since then.  Today parents have three choices: hold the child under the age of two on the lap, take a child restraint seat (CRS) and hope there is an empty seat, or purchase a seat for the CRS. 

 

AFA does not believe that allowing a child under two to be held on the lap affords the child the same protections as the other passengers.  For that reason AFA has advocated for the use of child restraints during takeoff, landing and turbulence for 15 years.  After all, per the Federal Aviation Regulations, everything on board an airplane must be secured or properly stowed for takeoff, landing and often during flight, except children under two years old. 

 

AFA's fight to secure a mandate for safety seats on airplanes for children under two was influenced by two devastating tragedies in which children were lost: the 1989 United flight 232 which crashed in a Sioux City corn field and the 1994 US Airways flight 1016 which collided with trees and a private residence near the airport in Charlotte, North Carolina.

 

The Federal Aviation Administration (FAA) has argued that requiring CRS will lead to increases in costs, which will lead families to divert to more dangerous modes, resulting in more deaths and injuries. However, a recent National Transportation Safety Board (NTSB) report clearly refutes this argument. AFA has also consistently refuted this diversion argument because it was based on a speculative assumption of behavior. Until the FAA mandates the use of child restraint systems on airplanes, many parents will continue to have a false sense of security that holding their child is adequate.

 

On August 26, 2005 the FAA withdrew their 1998 ANPRM regarding mandatory use of Child Restraint Systems (CRS) for children under the age of two in aircraft during all phases of flight.  They state the reason for withdrawing the ANPRM was that it was not appropriate for the FAA to mandate the use of CRS because carriers may find it necessary to charge for the seat, in turn, forcing adults to drive instead of fly to their destination.  The FAA states that statistically driving is more dangerous than flying therefore there would be an increase in infant deaths.

 

The second item that was published on the same day was a final rule amending the operating regulations to allow the use, on board aircraft, of CRS that are approved by the FAA through a Type Certificate, Supplemental Type Certificate, or a Technical Standard Order.  Current FAA regulations do not allow the use of CRSs other than those that meet specific standards for the automobile environment.  The intended effect of this regulation is to reduce the regulatory burden to industry while maintaining or increasing safety.  They hope this will allow a wider variety of CRS.  This final rule is effective from September 26, 2005. 

 

The Air, Safety, Health and Security Department is reviewing the materials and will submit comments to the docket on behalf of AFA.

AFA Activity and Hot Topics

 

AFA Press Release Aug. 3, 2004: Child Restraint Devices Remain NTSB Priority

 

AFA Press Release Feb. 26, 2004: Flight Attendants Urge NTSB to Keep Recommendation on Child Restraints

 

AFA Statement to NTSB: Witkowski Brief to NTSB Feb. 26, 2004

 

United 232 Flight Attendant/Survivor Statement to NTSB: Jan Lohr Brief Feb. 26, 2004

References to News Articles

Sept. 15, 2005 Air Safety Week: Special Report: Child Safety  [reprinted with permission]

Airplane 'lap children' high on list of safety issues*, The Register-Guard, Eugene, OR, Sept. 19, 2004: “ During takeoffs and landings, federal safety regulations require passengers to buckle in, stow their bags, and place their tray tables in the upright and locked position. Those same passengers, however, are allowed to hold on their laps, without any restraint, an infant or toddler under age 2…”
* Note: This story is included in an archive file; to find the story, search on lap children.

FAA criticized for tot policy**, Star-Telegram.com, Dallas-Forth Worth, TX, Aug. 4, 2004: “A government safety watchdog group criticized the Federal Aviation Administration on Tuesday for backing away from a pledge to require infants and toddlers to be safely secured while flying on airliners. The National Transportation Safety Board said the FAA's apparent policy shift on ‘lap babies’ was unacceptable…”
** Note: This story is included in an archive file; to find the story, search on tot policy.

More Information

NTSB Report, Analysis of Diversion to Automobile in regard to the disposition of Safety Recommendation A-95-51, August 3, 2004

NTSB Most Wanted Transportation Safety Improvements, Federal Issues, Aviation: Require Restraint Systems for Children Under Age 2

2003 Petition for Exemption JetBlue Airlines: AFA Comments

 

1998 Advance Notice of Proposed Rulemaking 98-2: AFA Comments