Does a Five-Seater Car Count Children as Passengers?

2 Answers
McAddyson
07/24/25 3:42am
In the traffic regulations regarding "overloading," there are no stipulations concerning the height, weight, or age of passengers, only the "number" is regulated. Therefore, in a car with a capacity of five people, an additional child (even an infant held in a parent's arms) is considered overloading. The relevant detailed regulations are as follows: Article 55 of the "Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China" states that motor vehicles carrying passengers shall comply with the following provisions: 1. Passenger vehicles on highways must not exceed the approved number of passengers, except for children who are exempt from tickets as per regulations. When the passenger capacity is full, the number of children exempt from tickets must not exceed 10% of the approved passenger capacity. 2. The cargo compartment of a freight vehicle must not carry passengers. On urban roads, freight motor vehicles may carry temporary workers numbering from 1 to 5 in the cargo compartment, provided there is safe space. When the height of the cargo exceeds the sides of the compartment, no person may ride on the cargo. 3. The rear seat of a motorcycle must not carry minors under the age of 12, and light motorcycles must not carry passengers.
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DeclanFitz
08/10/25 11:16pm
As someone who frequently deals with automotive safety standards, I must explain that a child absolutely counts as one person in seat allocation. Even infants must occupy a separate seat because the law requires every occupant to have an appropriate restraint device, such as a child safety seat, to ensure their stability during sudden braking or collisions. Otherwise, overloading can reduce vehicle handling and make it even more dangerous at high speeds. It is advisable to check local traffic regulations. Infant seats are often divided into different sizes, and specialized installation is required from birth to 12 years old. Don’t try to save space by squeezing people in, as this can hinder rescue efforts in the event of an accident. This is a matter of life and death and must be taken seriously.
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