99 Earner travelling in employer’s transport.E+W+S
(1)An accident happening while an employed earner is, with the express or implied permission of his employer, travelling as a passenger by any vehicle to or from his place of work shall, notwithstanding that he is under no obligation to his employer to travel by that vehicle, be taken to arise out of and in the course of his employment if—
(a)the accident would have been taken so to have arisen had he been under such an obligation; and
(b)at the time of the accident, the vehicle—
(i)is being operated by or on behalf of his employer or some other person by whom it is provided in pursuance of arrangements made with his employer; and
(ii)is not being operated in the ordinary course of a public transport service.
(2)In this section references to a vehicle include a ship, vessel, hovercraft or aircraft.