Does a child count as an extra passenger in a car?

[Caden]

A child counts as an extra passenger in a car. Here is some extended information regarding penalties for overloading in various types of motor vehicles: 1. The driver of a motor vehicle will be penalized with 6 points for the following violations: Driving a commercial passenger vehicle (excluding public buses) or school bus with passengers exceeding the approved capacity by less than 20%, or driving a passenger vehicle with passengers exceeding the approved capacity by more than 20%. 2. The driver of a motor vehicle will be penalized with 3 points for the following violations: Driving a passenger vehicle other than a commercial passenger vehicle (excluding public buses) or school bus with passengers exceeding the approved capacity by less than 20%.

[LaLila]

A traffic police friend told me that children must be counted as excess passengers in a car! A five-seater car with five adults and a baby in arms is still considered overloaded. Don’t think it’s okay just because the child is small—traffic regulations count by 'head,' and infants are also considered passengers. Last year, my colleague was checked with five adults and two kids in the car, resulting in an immediate 6-point deduction and a 200-yuan fine. It’s even more dangerous without a child safety seat, as you can’t hold onto the baby during sudden braking. My advice is to either switch to a seven-seater or, if there are too many people, drive two cars. Safety comes first—don’t take risks to save trouble.

[SanMadeline]

Once during a family road trip, we squeezed 6 people into a 5-seater car, with my 4-year-old nephew sitting on his mom's lap. It wasn't until we were stopped at a toll booth that I learned even a 10-pound child counts as overloading. The traffic police explained that vehicle capacity is calculated based on 'number of natural persons,' regardless of age or weight. Overloading affects braking distance, and in a collision, the child could be thrown out like a cannonball. Later, I specifically checked the regulations - exceeding capacity by 20% results in points deduction and fines. Now when traveling with kids, we either use an MPV or have the child sit in the middle back seat with a seatbelt.

[SanJune]

During my automotive safety testing, I found that children account for a high proportion of casualties in overload-related accidents. It may seem harmless to have five adults plus a child in a five-seater car, but crash tests show that when braking suddenly at 50km/h, a 10kg child can generate an impact force of 300kg, making it impossible for an adult to hold onto them. Infants must use child safety seats, and older children should also sit separately. Additionally, insurance companies may deny claims for overloaded private vehicles, so it's crucial to adhere to the passenger capacity specified on the vehicle's registration certificate.

[ORebecca]

After becoming a mom, I've become particularly concerned about this. Last time during a school event, I faced an awkward situation. My car is a five-seater, and I wanted to give a neighbor's kid a ride, but my husband stopped me. He showed me the traffic law: overloading is penalized per person. Even if you put the child in the trunk or have them squat at your feet, it's still a violation. A relative of ours had an accident—three kids were squeezed in the back seat during a rear-end collision, and all got injured. Now we've learned our lesson: when taking the kids out, we either carpool or borrow a bigger car, and a child safety seat is a must.

[Adriana]

New parents often fall into this trap. When my cousin picked up the newborn from the hospital, the car had his parents and the maternity nurse, thinking holding the baby didn't count as overloading. They got fined. Traffic police remind that all living passengers count towards the vehicle's capacity. Especially now, even roof racks have height limits for luggage, and passenger rules are stricter. For families with two kids, it's better to directly buy a six-seater. Temporarily overloading by calling a ride-hailing service is cheaper than a ticket—don't gamble with your child's safety by taking chances.