Which Types of Motorcycles Can Legally Carry Passengers?
3 Answers
According to Article 55 of the 'Road Traffic Safety Law', motorcycles with an engine displacement greater than 50CC (including scooters) are permitted to carry passengers. To legally operate and carry passengers on a motorcycle, the rider must possess either an E or D class driver's license, and the motorcycle must be registered and have a valid vehicle license. Both the rider and passenger are required to wear safety helmets during operation. It is illegal for any motorcycle to carry minors under the age of 12. Penalties for carrying passengers on a moped: As stipulated in Article 55, Clause 3 of the 'Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China': mopeds are not allowed to carry passengers. According to Article 90 of the 'Road Traffic Safety Law of the People's Republic of China': if a motor vehicle driver violates the road traffic safety laws or regulations regarding road usage, they shall be given a warning or fined between 20 and 200 yuan. Penalties for motorcycle overloading: For a two-wheeled motorcycle, if it carries one extra passenger, meaning a total of three people including the rider, even if the rider has all the necessary documents and everyone is wearing helmets, the traffic police will impose a fine of 200 yuan and deduct 3 points from the rider's license for the sole offense of overloading by one person. These penalties are legally justified. According to Article 92 of the 'Road Traffic Safety Law': if a passenger vehicle exceeds its rated passenger capacity, a fine of 200 to 500 yuan shall be imposed; if it exceeds the rated capacity by 20% or carries cargo in violation of regulations, a fine of 500 to 2,000 yuan shall be imposed. If a cargo vehicle exceeds its rated load capacity, a fine of 200 to 500 yuan shall be imposed; if it exceeds the rated capacity by 30% or carries passengers in violation of regulations, a fine of 500 to 2,000 yuan shall be imposed.
As a veteran motorcycle rider with ten years of experience, I've studied the regulations and learned from my mistakes. To legally carry a passenger, a motorcycle must meet two strict criteria: First, it must have a fixed passenger seat—only those with a rear seat equipped with handrails are compliant. Second, the engine displacement must be above 50cc to qualify as a standard motorcycle (mopeds are not allowed to carry passengers). Last year, I rode my 125cc bike with my wife around Erhai Lake, and when we were checked by authorities, we passed because the vehicle registration showed it was approved for two riders. The dual seat must also have fixed footrests, and the rear fender must be reinforced; otherwise, the passenger might slip off during emergency braking. A word of caution: Be especially careful with modifications. Unregistered aftermarket rear seat racks are considered illegal modifications. Last year, someone in our riding group had their bike impounded for this very reason.
I remember my driving instructor repeatedly emphasized that only vehicles with rearview mirrors featuring curvature adjustment can carry passengers. According to the "Road Traffic Safety Law Implementation Regulations", two-wheeled motorcycles can only carry one passenger besides the driver, who must be at least 12 years old. I ride a 125cc scooter, and the certificate of conformity clearly states it's approved for two passengers. Special attention should be paid to mopeds (blue license plates) with displacements under 50cc—they are not allowed to carry passengers. Last year, my colleague was fined 200 yuan for carrying his girlfriend on a Yamaha Cygnus. Three-wheeled motorcycles are more lenient; as long as the sidecar has seat belts, passengers are permitted. The key is to check the 'passenger capacity' column in the vehicle conformity certificate, which is the core basis for traffic police judgment.
