(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.