Does an extra child in the car count as overloading?
2 Answers
Every vehicle will indicate its load capacity or passenger capacity. According to the rules of the "Road Traffic Safety Law of the People's Republic of China", overloading is calculated by headcount. As long as the number of people exceeds the limit, even if it's a child or a baby held in arms, it is considered overloading. The following are the relevant penalties for being found overloading: According to traffic regulations, for passenger vehicles other than buses and school buses, carrying passengers exceeding the approved number by less than 20% will result in a fine of 100 yuan and 3 demerit points, while exceeding the approved number by more than 20% will result in a fine of 100 yuan and 6 demerit points. For a family five-seat car, carrying one extra person is a 20% overload, which is a violation. If caught by traffic police on the highway, it will result in 6 demerit points and a fine of 200 yuan.
A few days ago, I drove my kids for an outing, and the neighbor’s child also wanted a ride, so there was an extra person in the car. On the way, I was pulled over by traffic police, who checked and fined me 200 yuan for overloading. The officer explained that vehicle overloading doesn’t consider age—any number of people exceeding the seat count is a violation. Even if a child sits on an adult’s lap or squeezes into a corner, they still count as a passenger, affecting the car’s balance and safety performance. Overloading increases braking distance and makes it easier to lose control during turns, especially at high speeds. After that experience, I learned my lesson—I’d rather make an extra trip or ask other parents to help rather than break the rules. Safety comes first.
