If you’re installing a rooftop tent, beware of fines—keep these two points in mind!
Release Date:
2021-11-12
Summary
For those who love road trips, a tent is practically indispensable—especially one mounted on the car’s roof rack. It’s incredibly convenient: it doesn’t take up any interior storage space and isn’t limited by the terrain where you set it up, giving it a distinct advantage in damp, muddy conditions. Plus, when you camp outdoors at a relatively elevated spot, you’re far less likely to run into snakes, insects, rodents, or other critters. However, some drivers have reported being stopped by traffic police during their journeys, who deem the vehicle an illegal modification and impose a fine of 200 yuan. Granted, that’s not a huge sum—after all, splurging on food and fun can easily eat up 200 yuan in no time. Still, having your trip spoiled before you even reach your destination is really frustrating; it completely kills your mood and leaves you with no desire to enjoy yourself at all.
Since it’s illegal, why do so many manufacturers still produce them, so many retailers sell them, and why do so many car owners use rooftop tents? And why do some drivers get fined while others don’t? It really is a bit confusing!
I did some research myself, and typically, traffic police issue fines either for carrying cargo in a passenger vehicle or for illegal vehicle modifications. However, upon carefully reviewing the relevant laws and regulations, it becomes clear that, as users of rooftop tents, the vast majority of car owners are not actually in violation of the law.
First of all, passenger cars are permitted to have roof racks—this is legal. However, if a vehicle did not come with a roof rack from the factory and you later install one without authorization, that’s illegal. Such modifications constitute unauthorized exterior alterations; not only will your vehicle fail inspection, but if caught, you’ll face fines and demerit points—so please remember this—it’s extremely important! Therefore, if you’re planning to install a roof rack yourself, be sure to first submit a new application to the Vehicle Administration Office and have photos taken, ensuring that the vehicle’s exterior matches the photo on your registration certificate. Only by completing these steps can you guarantee the legality of your roof rack.
Secondly, Article 49 of the Road Traffic Safety Law of the People’s Republic of China stipulates that motor vehicles shall not carry more passengers than the approved capacity, and passenger vehicles shall not transport goods in violation of relevant regulations.
Pay close attention! “Passenger motor vehicles may not carry cargo in violation of regulations” and “Passenger motor vehicles may not carry cargo at all” are entirely different concepts. This indicates that there are specific rules governing the carriage of goods by passenger motor vehicles—so where can these rules be found? The Road Traffic Safety Law of the People’s Republic of China does not provide detailed provisions; however, Article 56 of the Implementing Regulations of the Road Traffic Safety Law of the People’s Republic of China offers a more comprehensive explanation:
The load carried by a motor vehicle shall not exceed the rated payload specified on its vehicle registration certificate, and the length and width of the load shall not extend beyond the vehicle’s cargo bed. In addition, the following provisions shall be observed:
(1) For heavy and medium-duty cargo vehicles and semi-trailer‑equipped vehicles, the height measured from the ground shall not exceed 4 meters; for vehicles transporting containers, the height shall not exceed 4.2 meters.
(2) For other motor vehicles carrying goods, the height of the load shall not exceed 2.5 meters from the ground;
(3) When carrying cargo on a motorcycle, the height shall not exceed 1.5 meters from the ground, and the length shall not extend beyond the vehicle body by more than 0.2 meters. For two-wheeled motorcycles, the width of the cargo shall not extend beyond the handlebars by more than 0.15 meters on either side; for three-wheeled motorcycles, the width of the cargo shall not exceed the width of the vehicle body.
Passenger vehicles shall not carry cargo except for roof racks and built-in luggage compartments. When cargo is carried on a passenger vehicle’s roof rack, its height shall not exceed 0.5 meters measured from the top of the vehicle and shall not exceed 4 meters measured from the ground.
It’s now clear: the roof rack and its cargo must not extend beyond the vehicle’s length or width, their combined thickness must not exceed 50 centimeters, and the overall height must stay under 4 meters to remain compliant. Cargo placed on the roof rack or in the trunk is legal. In practice, most rooftop tents, when folded away, won’t exceed 50 centimeters in thickness—unless you drive with the tent fully pitched, in which case the police would have no legal basis to issue a ticket.
To sum up, there are two points:
1: Regarding illegal modifications, the factory‑installed roof rack is not considered an illegal modification. Any roof rack added later becomes legal as long as it is re‑approved and photographed for record‑keeping at the Vehicle Administration Office.
2: With regard to illegal cargo, as long as the luggage rack and any items do not exceed the vehicle’s dimensions, the tent, when stored, is no more than half a meter thick, and the overall height does not exceed 4 meters, it is considered legal.
In fact, as far as I know, most drivers who were fined later filed for administrative reconsideration and had their penalties overturned. As long as we conduct ourselves in a reasonable and lawful manner, we really have nothing to worry about—no matter how far we travel. Of course, we might occasionally encounter overzealous or poorly trained auxiliary police officers who enforce the law improperly, but that’s no big deal. Don’t get into an argument on the spot; just enjoy yourself first, and then file for reconsideration when you get back. After all, our country is a harmonious society, and there are still avenues for seeking redress.
Now, regarding the roof rack, do you understand?
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