Are children counted in overload situations?
3 Answers
Children are also counted in the total number of passengers. For passenger vehicles, overload is calculated based on "headcount," meaning even an infant occupies one seating quota. Here are the specific explanations: 1. In fatal accidents, regardless of whether they are adults or children, traffic police departments will include them in the death toll. Similarly, the permitted passenger capacity listed on a vehicle's registration certificate does not distinguish between adults and children. 2. From a legal perspective, the Road Traffic Safety Law does not specify the height, weight, or age (adult or child) of vehicle occupants; it only regulates the quantity. Therefore, carrying extra children constitutes overloading, even if it's just an infant held in a parent's arms. 3. Regarding penalties, according to Article 123 of the Ministry of Public Security's regulations, driving a passenger vehicle (excluding buses and school buses) with passengers exceeding the permitted capacity by less than 20% results in a 3-point deduction; exceeding by 20% or more results in a 6-point deduction. Note that this applies to passenger vehicles "other than" buses and school buses, and private cars fall under the category of small passenger vehicles.
Recently, when I took my child out, I specifically looked into this issue. Children do count towards overloading because traffic regulations require every occupant to occupy a seat, regardless of age. A vehicle's designed passenger capacity takes into account both weight and space, and adding one more child increases the load, affecting braking performance and steering stability. For example, when my son was five years old and riding in the car, we used a child safety seat, which occupied one seat; if overloaded, the car is more likely to lose control during emergency braking, increasing the risk of an accident. During police checks, they also count by head, leading to fines or penalty points. It's advisable to plan the number of seats before traveling, using two cars or opting for public transport. Safety is the top priority—don’t risk overloading just to save trouble, as the consequences can be severe.
As a long-distance driver, I've encountered similar situations. When it comes to overloading, children definitely count as passengers - legally, every occupant is considered one unit, and kids are no exception. Overloaded vehicles have longer braking distances, which becomes even more dangerous in rain or snow. Once when driving a friend's family with an extra toddler, I insisted on not exceeding capacity to avoid vehicle imbalance. If caught, the fine is hefty and requires lengthy explanations. The key point is that children require safety seats, which occupy fixed seating space. When planning trips, always count heads in advance to ensure you stay within limits. Safe driving comes first - overload-related accidents may lead to insurance claim denials, harming both yourself and others.
