(1)  Where an offence against this Act relating to the use of a motor vehicle has been committed, section 24 does not apply if, at the relevant time –

(a) .  .  .  .  .  .  .  .  

(b) the motor vehicle was being used, lawfully, to carry passengers for consideration; and

(c) the offence was committed by one or more of the passengers.

(2)  Where an offence against this Act relating to the use of a vessel has been committed, section 24A does not apply if, at the relevant time –

(a) the vessel was being used, lawfully, to carry passengers for consideration; and

(b) the offence was committed by one or more of the passengers.

(3)  In this section –

consideration includes –

(a) a fare; and

(b) promotional purposes and commercial goodwill; and

(c) a charter party;

passengers , being carried by a motor vehicle or vessel, includes, as the case requires, passengers boarding or alighting or embarking or disembarking.