3.—(1) Subject to sub-paragraph (2), the provisions specified in the Schedule do not apply to a person who uses a private motor car for the carriage of a passenger for hire or reward in the case where —
(a)
the person does not solicit for the passenger on a road or at a parking place or a public stand;
(b)
the carriage of the passenger is incidental to the person’s use of the private motor car;
(c)
the person informs the passenger, before the start of the carriage, of the person’s destination;
(d)
the person agrees with the passenger, before the start of the carriage, on the date of, pick‑up and drop‑off points of, and the payment (whether in cash or in kind) for, the carriage;
(e)
the amount or the value of any benefit in kind that the person collects from the passenger as payment does not exceed the cost and expenses incurred for the carriage of the passenger;
(f)
if there is more than one passenger, the aggregate of the amount or the value of any benefit in kind that the person collects from each of the passengers as payment does not exceed the cost and expenses incurred for the carriage of all the passengers; and
(g)
there is nothing in or on the private motor car displaying or referring to the fares for hiring the private motor car.
(2) The exemption in sub-paragraph (1) only applies in respect of the first 2 car pool trips that a person makes each day on any private motor car.
(3) Part V of the Act does not apply to the owner of a private motor car who permits a person to use the private motor car for the carriage of a passenger for hire or reward where the person is exempted under sub‑paragraph (1) in respect of such use.
(4) Section 101 of the Act does not apply to a person who causes a private motor car to be used for the carriage of a passenger for hire or reward where the person who uses the private motor car for such purpose is exempted under sub‑paragraph (1) in respect of such use.
(5) For the purposes of determining the number of car pool trips made by a person in a day under sub‑paragraph (2), a car pool trip starts at the beginning of the carriage of the first passenger for hire or reward in the course of the person’s journey to the person’s destination (as informed to the passenger under sub‑paragraph (1)(c)) using a private motor car, and ends when the private motor car reaches that destination.