Does carrying a baby in a car count as overloading?
4 Answers
If there are 5 adults and a baby, it is considered overloading. Here is the relevant information about vehicle passenger capacity: 1. The passenger capacity of a private car is based on the number of passengers specified in the vehicle's registration certificate. 2. Traffic regulations regarding overloading do not specify the height, weight, or age of passengers, but only the "number." 3. If a car with a capacity of 5 people carries an additional child (even a baby held in a parent's arms), it is considered overloading. Here are more regulations about vehicle overloading: 1. Article 49 of the "Road Traffic Safety Law of the People's Republic of China": Motor vehicles shall not carry more passengers than the approved number, and passenger vehicles shall not carry goods in violation of regulations. 2. According to the regulations, driving a passenger vehicle (excluding buses) or school bus with passengers exceeding the approved number by less than 20% will result in a fine of 100 yuan and 3 penalty points, while exceeding the approved number by more than 20% will result in a fine of 100 yuan and 6 penalty points.
As new parents, we were worried about this issue when we first had our child and did a lot of research. Simply put, carrying an infant in a car does not count as overloading because the baby also occupies a passenger seat. However, the key point is that the child must be securely fastened in a safety seat and should not be held by an adult. If overloading refers to exceeding the vehicle's passenger capacity—for example, six adults in a five-seat car would be considered overloading—adding an infant in a safety seat is fine. I’ve experienced this myself: driving with the baby securely fastened in a rear safety seat is much safer. Otherwise, during sudden braking, the child could be thrown forward, which is far more dangerous than overloading. I recommend parents invest in a child safety seat, install and adjust it properly in advance. This ensures both safety and compliance, avoiding potential fines if stopped by the police. Remember, safety comes first—don’t take shortcuts by holding your child. Our children’s safety is more important than anything else.
From a traffic perspective, infants in cars are not considered as exceeding passenger limits, as regulations stipulate that each baby counts as an independent passenger and must be secured in a child seat. Failing to do so—such as holding a child in an adult's lap—may result in overloading or violations, leading to fines or penalty points during police checks. I've handled numerous cases where the common issue stems from parents mistakenly assuming infants don't count due to their small size, but that's entirely incorrect—a vehicle's passenger capacity includes all occupants, regardless of size. For safety, proper child seats absorb crash forces and protect delicate organs. Always inspect seat installation before driving and keep the car clutter-free for stability. Even minor accidents reveal that unrestrained children face significantly higher injury risks. Cultivating these habits helps prevent tragedies.
After years of driving, I've seen too many families traveling with infants in cars. It doesn't count as overloading if the infant occupies a seat but is properly secured. For example, a five-seater car with five adults plus an infant is fine if the baby is in a safety seat; but if there are extra children without seats, that's overloading. The key is not to hold a child while driving. I've witnessed a baby being thrown forward during sudden braking – it was terrifying. I recommend installing the car seat before departure and testing its stability. In short, follow the rules to ensure every passenger, including infants, is safe. That's how you drive with peace of mind.
