7Act does not apply to private passenger services

7 Act does not apply to private passenger services

(1)  Nothing in this Act restricts, governs or otherwise applies to a private passenger service.

(2)  Any question or dispute as to whether a particular passenger service is a private passenger service is to be determined by the Commission, and the determination is binding.

(3)  In determining whether a particular passenger service is a private passenger service, the Commission may have regard to –

(a) guidelines, if any, it approves for the purpose; and

(b) such other factors as the Commission reasonably considers relevant.

(4)  In this section –

passenger service includes a group of such services;

private passenger service means a passenger service that is –

(a) provided by means of a small passenger vehicle; and

(b) operated exclusively by persons having a common affiliation; and

(c) not available to the general public.