Does an Infant Count as Overloading?
2 Answers
An infant also counts as overloading, and the reasons are explained below: 1. Overloading is not calculated by weight but by the number of people. For a 5-seat vehicle, only 5 people are allowed, and exceeding by even one person constitutes overloading. Regardless of the infant's age, weight, or height, it will still meet the 20% standard for passenger capacity. 2. According to Chinese law, infants must use a dedicated child seat when traveling in a vehicle. 3. Holding an infant while riding in a car is extremely dangerous behavior. Research shows that during an accident, a person's first instinct is to grab onto something stable for self-preservation—a natural biological response. In such moments, all external factors are ignored by the brain, making it impossible to ensure the child's safety.
Last time when I took my kid back to my hometown, I also struggled with this issue. Legally, an infant counts as one passenger regardless of size. If a five-seater car is fully occupied by five adults and an infant is held in arms, it's considered overloading. I checked the traffic laws—getting caught for overloading results in at least 3 penalty points and a 200-yuan fine, but the key issue is that it's extremely dangerous. Last year, there was news about a family of five holding an infant in the car when an accident happened, and the infant was thrown out of the window. Now I always insist on letting my baby sit in a safety seat—no matter how crowded it is, you can't compromise on a child's safety. If there are too many people in the family for a trip, either drive two cars or rent a seven-seater.
