Is it considered overloading if a small car carries five adults and one child?
3 Answers
If the car is a 5-seater, it is considered overloading as long as there are more than five people in the car. Here are the specific details: 1. Driving an operational passenger vehicle (excluding buses) or a school bus with passengers exceeding the approved number by less than 20%, or driving other passenger vehicles with passengers exceeding the approved number by more than 20%, will result in a 6-point penalty. 2. Driving passenger vehicles other than operational passenger vehicles (excluding buses) or school buses with passengers exceeding the approved number by less than 20% will result in a 3-point penalty. In fact, the national regulations are based on safety considerations, especially for children, who have almost no ability to react in car accidents.
I have personal experience with this issue. Last year, I took my family on a road trip in a five-seater car with five adults and my six-year-old nephew. We were stopped as soon as we got on the highway. The traffic police explained that the seating capacity of five is calculated by headcount—it doesn’t matter if it’s a baby or a child; one extra person counts as a 20% overload. Do you know how serious the consequences are? A six-point penalty and a 200-yuan fine are the least of your worries—if an accident happens, insurance will outright refuse to cover it. Not to mention the safety risks—a child held in your arms without a seatbelt becomes a human airbag in a sudden stop. That time, we had to call a ride-hailing service on the spot to split our group. Now, we’ve upgraded to a seven-seater at home. My advice: if you really need to travel, renting a car or carpooling is much better than cramming in—safety first.
From a traffic regulation perspective, this definitely counts as overloading. Article 49 of China's Road Traffic Safety Law clearly states: The number of passengers in a motor vehicle shall not exceed the rated capacity. Traffic police only count heads when checking for overloading, regardless of age. When I worked at a 4S dealership, I encountered numerous cases where clients got fined for carrying a two-year-old child in a fully occupied five-seater car - arguing that the child didn't occupy a seat was useless. The strict standard is 6 penalty points for 20% overloading, which also affects annual vehicle inspection. What's most concerning is the risk in rear-end collisions. Have you seen the test data? During a 50km/h collision, an 8kg child in a mother's arms would generate 300kg of impact force - impossible to hold onto. Take my advice: in such situations, it's better to take a taxi or have four adults squeeze in the back seat rather than adding a child, which is far more dangerous.
