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

4 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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LincolnFitz
10/13/25 8:13am

I often encounter this issue when driving myself. When there are many people in the car, someone always asks whether children count as exceeding the passenger limit. They absolutely do! The law doesn't distinguish between adults and children—overcrowding is determined by the total number of people, and each child counts as one passenger. For example, if your car has a seating capacity of 7, but you and your wife bring three children plus two elderly relatives, you might think it's okay if children don't count, but in reality, it's very dangerous. Children without fixed seats can easily be thrown out in an accident. I learned this the hard way when a friend brought an extra child along, and during a sudden brake at an intersection, the child almost hit the front seat. Now I strictly adhere to the rule: count every head that gets in the car, secure children with safety seats, and avoid overloading. Safety is paramount—don't take risks for convenience or luck. A ticket for overcrowding is a minor issue, but regret after an accident is too late.

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DelEmily
11/27/25 2:24am

As a mother of a three-year-old, this issue resonates deeply with me. When traveling with kids, children must always be counted in the vehicle's occupancy—regardless of whether the car is overloaded or not. Children aren't small objects; they occupy seats and have weight. Traffic laws stipulate that passengers of any age must be included in the total seating capacity. Every time I drive, I strictly adhere to the seating limit: for example, if the car seats five, I won’t let my child squeeze between passengers—it’s far too dangerous. In an overloaded car, during sudden turns or collisions, children are the first to suffer injuries. As a parent, I’d rather make an extra trip or rent another car than take such risks. Car seats are non-negotiable—the law requires children under 12 to use them, and overloading makes this impossible, increasing the danger. So remember, protecting our children starts with following the rules.

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