The question of how many passengers a driver with a category B license is entitled to carry is one of the most common among novice motorists and those planning family trips. At first glance, it seems that the answer is obvious: as many as there are seats in the car. However, the legal side of the issue contains a number of subtleties, violation of which can lead to serious fines and even towing of the vehicle.
The basic rule is that the number of people in the cabin should not exceed the number of seats provided by the design and equipped with seat belts. Category B allows you to drive vehicles with a permissible maximum weight of no more than 3.5 tons and a number of seats of no more than eight, in addition to the driver’s seat. This parameter is key when determining the permissible load of a vehicle.
It is important to understand that the formal presence of an eighth seat does not give the right to put a person there if there is no standard seat belt there. In 2026, control over compliance with the rules for the transportation of passengers has been strengthened, and automatic recording cameras have learned to recognize not only the absence of belts, but also obvious overload of the cabin. Therefore, before a long journey, you should carefully study the technical passport of your car.
Legislative norms and restrictions on traffic rules
According to current traffic rules, the transportation of people in the back or cabin of a truck, as well as in the passenger compartment of a passenger car, must be carried out in strict accordance with the design features of the vehicle. For category B passenger cars, the limit is 8 passenger seats plus the driver's seat. This means that the maximum number of people allowed in a car is 9 people.
However, there is an important clarification: we are talking specifically about seats equipped with belts. If it is technically possible to accommodate more people in a vehicle, for example, on folding seats in the trunk, but these seats are not listed on the vehicle registration certificate (VRC) and are not equipped with seat belts, their use is prohibited. Transporting people outside specially equipped places is a gross violation.
It is also worth noting that the rules clearly distinguish between the concepts of “passenger car” and “bus”. If a vehicle has more than 8 passenger seats, it is automatically classified as a bus, which requires a category D license to drive. An attempt to convert a passenger car to accommodate more seats without changing the vehicle category in the documents is illegal.
⚠️ Attention: Installing additional seats in the trunk of a passenger car without officially registering changes with the traffic police and entering data into the STS is illegal. In the event of an accident, the insurance company will refuse to pay, and the driver will receive a fine and an order to fix the problem.
Technical characteristics and number of seats in STS
To find out exactly how many people can be carried in your particular vehicle, you need to refer to the main document - the vehicle registration certificate (VRC). The column "Number of seats" indicates the exact number allowed by the manufacturer and confirmed during registration. It is this figure that is decisive for a police officer during an inspection.
There is often confusion with cars that have a third row of seats. Many crossovers and minivans are technically category B, but can have 7 seats. In this case, carrying 7 passengers (6 + driver) is completely legal as long as they are all buckled up. However, if the STS indicates 5 seats, and you installed two additional, even standard, seats, but did not make changes to the documents, formally you are breaking the rules.
Body structure plays a decisive role. In five-door hatchbacks and station wagons, there are sometimes models with two rear-facing folding seats in the trunk. The use of such places on public roads in most countries, including the Russian Federation, is prohibited due to the lack of complete safety. Even if a person physically fits there, legally this seat is not considered a passenger seat.
☑️ Checking the legality of seats in the car
The table below shows examples of common body types and the typical number of seats for them, but always refer to your documents:
| Body type | Typical number of seats | Nuances |
|---|---|---|
| Sedan | 5 (4+1) | The third passenger in the back often experiences discomfort |
| Hatchback (C-Class) | 5 (4+1) | It is possible to transform the interior, but not to increase seats |
| Minivan | 7 or 8 (6-7+1) | Requires STS check, often 3rd row is removable |
| Coupe | 4 (2+2) or 2 (1+1) | Rear seats often have limited access and safety |
Rules for transporting children in category B
The rules for transporting children, which significantly affect the actual capacity of the car, require special attention. According to the law, children under 7 years of age must be transported exclusively in child restraint devices (chairs or boosters) that are appropriate for their weight and height. This means that even if there are 5 seats in the car, but there are two child seats in the back row, it will no longer be possible to fully accommodate a third adult or child there.
For children aged 7 to 11 years inclusive, the rules are more flexible: they can be transported in the back row without a seat, using standard seat belts, and in the front seat, the use of a child restraint is mandatory regardless of age. Child safety formal capacity takes precedence here. Trying to fit three children into the back seat of a compact car, even with the use of boosters, may be considered a violation of safety regulations by an inspector.
Fines for violating the rules for transporting children
For transporting a child without a seat or in violation of the rules (Article 12.23 Part 3 of the Code of Administrative Offenses of the Russian Federation) a fine of 3,000 rubles is provided. In the event of a repeated violation or an emergency, liability may be reclassified.
There is also a height limit. If the child is taller than 150 cm, he can use standard seat belts. However, if the design of the car is such that the belt does not fit properly (for example, it puts pressure on the neck), the use of an adapter or booster is still necessary. Ignoring these requirements is not only dangerous, but also fraught with fines.
Liability and fines for overloading a vehicle
Violation of the rules for transporting passengers entails administrative liability. The main normative act regulating punishment is the Code of Administrative Offenses (CAO RF). The fine for exceeding the number of passengers or transporting people outside the designated places is 500 rubles (Article 12.23 Part 1). Although the amount seems small, systematic violations can lead to more serious consequences.
A more severe penalty is imposed for violating the rules for transporting children. As already mentioned, the fine is 3,000 rubles. If it is proven that overloading the car created a threat to traffic safety or led to an accident, the driver may be deprived of his license. In addition, if there is serious overload (for example, 6 adults in a 5-seater car), the car may be sent to the impound lot until the violation is corrected.
⚠️ Attention: The insurance company has every right to refuse to pay compensation for damage if it is proven that at the time of the accident there were more people in the car than allowed by the design. This is especially true in case of accidents with victims.
Nuances for 5-seater and 7-seater cars
Owners of 7-passenger cars (often crossovers with an optional third row) should be especially careful. The third row of seats in such cars is often temporary and not intended for long trips by adults. Moreover, when the third row is fully loaded, trunk volume becomes minimal, which can lead to a violation of another rule - blocking the driver's view with cargo or passengers.
For standard 5-seater cars, the problem of the “fifth passenger” is relevant. The central seat in the back row is often equipped only with a lap belt or does not have a full headrest. According to traffic regulations, transporting passengers in a seat that is not equipped with a seat belt is prohibited. If there is no belt in the center back, people cannot be seated there, even if the space physically exists.
Weight distribution also plays a role. Overloading one of the car's axles (for example, when three adults are sitting in the back and there is a heavy load in the trunk) worsens handling and braking. Although there is no direct penalty for “improper distribution of passengers,” in the event of an accident, this may become the basis for finding the driver guilty of causing an emergency.
The main criterion for the legality of transportation is not the physical ability to fit in the cabin, but the number of seats specified in the STS and the availability of working seat belts for each passenger.
Frequently asked questions (FAQ)
Is it possible to transport children in the arms of an adult passenger?
No, this is strictly prohibited. Each child under 7 years of age must be in a separate child restraint. Carrying a child in your arms is equivalent to the absence of a seat belt and is fined 3,000 rubles. In the event of an impact, even at low speed it is impossible to hold the child.
Is it allowed to carry 6 people in a 5-seater car if one of the passengers is a baby in a bassinet?
No, the number of people is counted by head, regardless of age and size. The baby is considered a full-fledged passenger. If the STS indicates 5 seats, then a maximum of 5 people can be in the car, including the driver and children of any age.
What is the penalty for transporting people in the back of a Category B truck?
Transporting people in the back of a truck (even category B, like a Gazelle or a pickup truck) is permitted only if the body is equipped with seats with belts, sides at least 80 cm high and an awning. For violating these requirements, the driver will receive a fine of 500 rubles, and passengers may be dropped off.
Is it possible to remove the rear seat to increase cargo space and ride with 3 passengers?
Yes, if the STS lists 5 places, you have the right to use only part of them. The main thing is that the remaining passengers are seated in regular seats with belts. However, the removal of seats must not disrupt the body structure or create sharp edges that are dangerous to passengers.