Is a car carrying five adults and one baby considered overloaded?
2 Answers
Is a car carrying five adults and one baby considered overloaded? Many people believe that since a child is held in the arms and does not occupy a seat, the child should not be counted. However, this is a misconception. During traffic checks, police officers count every individual regardless of age as one person. Overloading refers to the actual load of a transport vehicle exceeding the permitted maximum limit. Any vehicle exceeding the approved passenger capacity by more than 20% is considered overloaded and will be penalized under the new traffic regulations. Driving a commercial passenger vehicle with more than 20% over the approved capacity results in a 12-point penalty. Driving a commercial passenger vehicle with less than 20% over the approved capacity, or driving any other passenger vehicle with more than 20% over the approved capacity, results in a 6-point penalty.
This issue needs to be addressed from a practical perspective. Having driven for over twenty years, I've encountered numerous similar cases. By 'small car,' we're usually referring to sedans, most of which are designed as five-seaters, including three seats in the rear but with limitations. Traffic regulations clearly stipulate that overload determination is based on the number of seats and seat belts. Although infants are small, they must use child seats, which occupy one standard seat. Therefore, five adults plus one infant make a total of six people, exceeding the rated passenger capacity, which absolutely counts as overloading. The safety risks are significant; for instance, during sudden braking, without an additional seat belt for fixation, the infant is prone to injury. I've helped friends deal with such tickets before, and the police impose strict penalties. It's advisable to either split the passengers between cars or switch to a seven-seater—don't cut corners and take risks. Overloading not only faces fines but can also affect vehicle warranties and insurance claims.
