Does carrying one extra child in a private car count as overloading?
3 Answers
Carrying one extra child counts as overloading, as long as the number of passengers exceeds the rated capacity. Child overloading is, to some extent, more severe than adult overloading because children lack the ability to protect themselves. Traffic police regulations on overloading penalties: For highway passenger vehicles, Article 92 of the "Road Traffic Safety Law" stipulates: If a highway passenger vehicle carries more passengers than the rated capacity, a fine shall be imposed. For small cars, Article 90 of the "Road Traffic Safety Law" stipulates: If a motor vehicle driver violates road traffic safety laws and regulations, a warning or fine shall be imposed. For freight vehicles, Article 92 of the "Road Traffic Safety Law" stipulates: If a freight motor vehicle exceeds the rated load capacity, a fine shall be imposed. Overloading demerit point penalties: Any vehicle exceeding 20% of the rated capacity is considered overloaded and will be penalized according to the new traffic regulations. The new regulations have increased the demerit points for serious traffic violations involving overloading of key vehicle types. Driving a commercial passenger vehicle with more than 20% over the rated capacity results in 12 demerit points; driving a commercial passenger vehicle with overloading not exceeding 20%, or driving other passenger vehicles with more than 20% over the rated capacity, results in 6 demerit points; driving passenger vehicles other than commercial passenger vehicles or school buses with overloading not exceeding 20% results in 3 demerit points.
As someone who frequently interacts with car owners at auto repair shops, let me tell you, carrying an extra child definitely counts as overloading. The traffic safety laws calculate based on headcount—no matter how small your child is, they occupy one seat. A standard private car can only seat five people, including the driver. If you squeeze in one more kid, it's overloading. This is dangerous. I’ve seen many cases where parents took their kids on trips, cramming them in the back seat, and injuries happened during sudden braking, sometimes even hitting others. Worse, if caught by the police, it’s an instant fine and penalty points—typically 200 yuan and 3 demerit points. Some think a child’s weight doesn’t count, but that’s a huge misconception. My advice: don’t cut corners for convenience. Use a child seat or take a taxi—it’s much safer. After all, your family’s lives are priceless.
As a father of two, I often take my kids on long trips. One weekend, I drove a friend's child along for an outing, thinking it would be fine since she was small. However, I was pulled over by traffic police for overloading and fined. The law states that the number of passengers is determined by the total number of seats, regardless of age—each child occupies one seat. Not only does this risk fines, but it also poses greater safety hazards. Without a fixed seat, children can easily be thrown around in an accident. Now, we parents strictly adhere to seat limits, preferring to make an extra trip rather than take chances. Safety comes first—every child is precious.
