(a) “Vanpool operation” means any nonprofit commuter service provided by or organized by an employee or an employee organization, or by a company or a group of companies for its employees, or by an individual or group of individuals; and which:

(1) Transports commuters exclusively between their place of residence and their place of employment, or termini near such places; and

(2) Uses motor vehicles that are Class J vans having a seating capacity for no less than seven nor more than 15 passengers, including the driver.

(b) “Vanpool operation” does not include a service provided by one company for another company’s employees under a contract or agreement.