
The passenger capacity of a private car is determined by the number of seats specified on the vehicle's registration certificate. In the traffic regulations regarding overloading, there are no stipulations regarding the height, weight, or age of passengers, only the "number" is regulated. If a car with a capacity of 5 people carries an additional child (even an infant held in a parent's arms), it is considered overloading. Here are more regulations regarding vehicle overloading: 1. Article 49 of the "Road Traffic Safety Law of the People's Republic of China": Motor vehicles must not carry more passengers than the approved number, and passenger vehicles must not carry cargo in violation of regulations. 2. The regulations stipulate that driving a passenger vehicle (excluding buses and school buses) with passengers exceeding the approved number by less than 20% will result in a fine of 100 yuan and 3 penalty points. If the number of passengers exceeds the approved number by 20% or more, the fine is 100 yuan with 6 penalty points.

Last time I helped my brother move, we squeezed five adults and a little kid into a five-seater car. We got pulled over by traffic police halfway. They checked the vehicle registration and told us we were overloaded—everyone counts as one person, adults and kids alike, and even one over is illegal. We ended up with a 200-yuan fine and three points deducted—a huge loss. The officer explained that overloading increases braking distance and raises the risk of accidents in emergencies, especially if too many people are crammed in the back and could be thrown out. So remember: only carry as many passengers as there are seats, or might not cover you if something happens.

When my kid first started kindergarten, our whole family went out for a trip. Our five-seater car carried grandpa, parents, me, and the child. We initially thought it was okay to hold the child in our arms, but we ended up getting lectured by a traffic police officer for half an hour. Overloading is calculated based on the number of seats—a five-seater can carry a maximum of five passengers, regardless of size or age. Children are actually at greater risk; a sudden brake could cause them to hit the front seats. Getting caught not only results in fines and demerit points, but in case of an accident, everyone in the car is in danger. Now, I always recommend renting a seven-seater if the family is large.

My family owns a 7-seater car. Once when we took the elderly and children out, there were exactly seven of us, and we made sure to check before hitting the road. However, those driving 5-seater cars should be aware that regulations require the number of passengers not to exceed the number of seats, and even a baby held in arms counts as a passenger. Last year, my uncle drove his 5-seater car to take the whole family out for dinner, with three adults and a five-year-old child sitting in the back seat, and ended up getting fined. The traffic police explained that adding one extra person increases the vehicle's weight by 10% and the fatality rate in accidents by 15%. Now, when the whole family goes out, we either take two cars or book a business van.


