Does a child count as a passenger in an overloaded vehicle?

2 Answers
Clyde
07/29/25 5:39pm
Having one extra child counts as overloading. Here is the relevant information: 1. The traffic regulations regarding "overloading" do not specify the height, weight, or age of passengers, but only the "number." Therefore, in a car with a capacity of five people, having one extra child (even an infant held in a parent's arms) is considered overloading. 2. Overloading does not distinguish between adults and children; as long as they are born, they count as one passenger. A five-seater car can only accommodate five people, including children. For example, if there are three adults in a five-seater car, having three children would count as overloading, even if they are held in arms, because current laws require children to use safety seats.
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LaPaisley
08/14/25 8:59am
With years of experience in the automotive field, I understand your confusion: children absolutely count when a vehicle is overloaded. Traffic regulations clearly state that all passengers, including infants, must be counted toward the vehicle's seating capacity, as each seat is designed for one person regardless of age. Imagine a car with a maximum capacity of five people—adding a few children on laps might seem harmless, but it actually increases weight and affects braking distance. If stopped by traffic police, overloading by even one person results in a 200-yuan fine. In an accident, children without proper car seats are at greater risk. I’ve handled cases where families traveling with overloaded vehicles, including kids, suffered minor collisions leading to child injuries. My advice: always count every passenger—including each child—before driving, and use child safety seats. Safety first is the golden rule. Don’t underestimate this—overloading poses far greater risks than you might think.
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