A car with more than five people is overloaded. If the overloaded person is a child, no matter how small the child is, it is overloaded.
 China's Road Traffic Safety Law stipulates that motor vehicle drivers should abide by the provisions of road traffic safety laws and regulations, and drive safely and civilly in accordance with operating specifications. If a highway passenger transport vehicle carries more passengers than the rated number of passengers, it shall be fined not less than 200 yuan but not more than 500 yuan; A fine of not less than 500 yuan but not more than 2000 yuan shall be imposed if it exceeds 20 percent of the rated passenger capacity or carries goods in violation of regulations.
 Legal basis
 Article 92 of the Road Traffic Safety Law of the People's Republic of China, if a highway passenger vehicle carries more passengers than the rated number of passengers, it shall be fined not less than 200 yuan but not more than 500 yuan; A fine of not less than 500 yuan but not more than 2000 yuan shall be imposed if it exceeds 20 percent of the rated passenger capacity or carries goods in violation of regulations. If a cargo motor vehicle exceeds the verified load capacity, it shall be fined not less than 200 yuan but not more than 500 yuan; A fine of not less than 500 yuan but not more than 2000 yuan shall be imposed if it exceeds 30 percent of the approved load capacity or carries passengers in violation of regulations. In case of any of the acts mentioned in the preceding two paragraphs, the traffic control department of the public security organ shall detain the motor vehicle until the violation is eliminated.
 If the vehicle of the transport unit is under the circumstances specified in the first and second paragraphs of this article and does not change after being punished, the person in charge directly responsible shall be fined not less than 2000 yuan but not more than 5000 yuan.