Does carrying children count as overloading in a car?
3 Answers
According to the rules of the Road Traffic Safety Law of the People's Republic of China, overloading is calculated based on the number of people. As long as the number exceeds the limit, even if it's a child, it is considered overloading. The penalties for overloading are as follows: 1. According to Article 92 of the Road Traffic Safety Law, if a passenger vehicle carries more passengers than the allowed number, a fine ranging from 200 to 500 yuan will be imposed. 2. If the number of passengers exceeds 20% of the allowed limit or if goods are carried in violation of regulations, a fine ranging from 500 to 2,000 yuan will be imposed. 3. If a cargo vehicle exceeds the approved load capacity, a fine ranging from 200 to 500 yuan will be imposed. 4. For violations mentioned in the first two clauses, the traffic management department of the public security organ will detain the vehicle until the illegal status is rectified.
Speaking from my own experience of taking kids in the car: bringing a child along definitely counts as overloading. The number of seats in a vehicle is fixed—for example, a standard sedan has five seats, meaning it can safely accommodate five adults or children. If you squeeze in an extra baby, making it six people, that’s definitely over the limit. Some may think a small child doesn’t take up much space, but legally, children count as passengers, and during checks, the police only look at the headcount. Overloading poses serious risks: the car becomes unstable, braking distance increases, and in case of an accident, even holding a child could lead to injuries if they slip from your grip. I learned this the hard way—once, our whole family squeezed in, and the car swayed dangerously. Only later did I realize it was a hazard. Children must be securely fastened in a safety seat, which also protects their heads. If caught overloading, a fine of a couple hundred yuan and some penalty points are minor compared to the real danger. Bottom line: safety comes first. Before traveling with kids, count the seats carefully—it’s never worth overloading.
As someone who frequently drives to pick up and drop off passengers, I believe that carrying children in a car also counts as overloading. Every vehicle has a designated passenger capacity, which is stated on the car or in the vehicle registration certificate. Exceeding this limit is illegal. Even the smallest child occupies a seat and affects the overall balance and safety of the vehicle. For example, a five-seater car carrying six people, including an infant, puts excessive strain on the engine and increases the risk of losing control during turns. I've witnessed accidents on the road where overloaded cars flipped over during sudden braking. In terms of penalties, the usual fine ranges from 100 to 300 yuan with a deduction of 3 points. I always remind passengers not to squeeze in and would rather make an extra trip or wait for the next ride. Infants are best placed in a safety seat, which ensures both safety and compliance with regulations. After years of driving, I never overload my car—safety is always the top priority.
