90Car pooling not passenger service

90 Car pooling not passenger service

90 Car pooling not passenger service

(1) For the purposes of section 4(4) of the Act, the provision of transport in all of the following circumstances is not a passenger service—

(a) the driver of a vehicle proceeding to a destination regularly provides transport to passengers who wish to proceed to the same destination or a destination that is in the same locality or the same general direction,

(b) the driver is not a provider of a booking service or otherwise the provider of a passenger service or an employee, contractor or bailee for a booking service or passenger service,

(c) no consideration is payable to any person for the provision of the transport.

(2) For the purposes of subclause (1)(c), an amount paid to the driver to reimburse actual costs associated with operating the vehicle or a small gift provided to a driver for participation in a voluntary non-profit car pooling scheme does not constitute consideration that is payable to the driver for the provision of the transport.