Does a Baby Count as Overcrowding?
2 Answers
A baby counts as overloading. According to the provisions of traffic laws, the criterion for determining overloading is the number of passengers, and there is no exception for children. Even a baby who cannot walk counts as one passenger. Below are the specific details: 1. Article 92 of the Road Traffic Safety Law stipulates that if a passenger vehicle carries more than the rated number of passengers, a fine of 200 to 500 yuan shall be imposed; if the number exceeds 20% of the rated capacity or if goods are carried in violation of regulations, a fine of 500 to 2,000 yuan shall be imposed. 2. If a freight motor vehicle exceeds the approved load capacity, a fine of 200 to 500 yuan shall be imposed; if the load exceeds 30% of the approved capacity or if passengers are carried in violation of regulations, a fine of 500 to 2,000 yuan shall be imposed. For the above two violations, the traffic management department of the public security organ shall detain the motor vehicle until the illegal status is rectified. 3. If a transport unit’s vehicle falls under the circumstances described in the first or second paragraph and fails to rectify after punishment, the directly responsible person in charge shall be fined 2,000 to 5,000 yuan.
Last time I was fined for taking my kid on a trip, I learned that babies really count towards overloading! I specifically checked the traffic regulations: in a car with a capacity of 5 people, having 5 adults plus 1 baby counts as 20% overcapacity. The traffic police said it's counted by heads - even if the baby is held in arms, it still counts as a passenger. Last year at a highway checkpoint, I saw a family of five with twins get fined 200 yuan and deducted 6 points directly. It's even more obvious with child seats occupying seats - the number of seatbelt settings is the hard indicator. During emergency braking when overloaded, adults simply can't hold onto children, and airbags might actually injure the baby. This isn't about the fine money - it's literally playing with lives.