D15b3 - Which situations do not constitute posting of employees engaged in mobile road transport activities?

The following situations do not constitute posting:

1. When the mobile employee transits the territory of a Member State without loading or unloading goods, and without picking up or dropping off passengers;
   
   
2. When the mobile employee carries out a bilateral transport operation in respect of goods;
   A bilateral transport operation in respect of goods consists of the movement of goods, on the basis of a transport contract, from the Member State of establishment, within the meaning of Article 2(8) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC to another Member State or to a third country, or from another Member State or a third country to the Member State of establishment.
   
   
3. When the mobile employee carries out a bilateral transport operation in respect of passengers;
   A bilateral transport operation in respect of passengers carried out as part of an occasional or regular international passenger transport service, within the meaning of the aforementioned Regulation (EC) No. 1073/2009, assumes that a mobile employee carries out one of the following activities:
   1. picking up passengers in the Member State of establishment and dropping them off in another Member State or in a third country;
   2. picking up passengers in a Member State or a third country and dropping them off in the Member State of establishment;
   3. picking up and dropping off passengers in the Member State of establishment in order to carry out local excursions in another Member State or in a third country, in accordance with the Regulation (EC) No 1073/2009.
4. Additional activities of a bilateral transport operation carried out under the following conditions:
   1. When the mobile employee engaged in a bilateral transport operation in respect of goods also undertakes a loading or unloading activity in the Member States or third countries which he passes through, provided that he does not load or unload the goods in the same Member State. However, if a bilateral transport operation starting in the Member State of establishment, during which no additional activity is carried out, is followed by a bilateral transport operation to the Member State of establishment, the exemption referred to in the preceding subparagraph applies to a maximum of two additional loading or unloading activities, under the conditions referred to in the preceding subparagraph.
   2. Where a mobile employee engaged in a bilateral transport operation in respect of passengers picks up passengers on a single occasion or drops off passengers on a single occasion in the Member States or third countries through which he passes, provided that he does not offer passenger transport services between two places in the Member State crossed. This also applies to the return journey.
5. When the mobile employee makes the initial or final road journey of a combined transport operation within the meaning of Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member States, if the road journey, taken in isolation, consists of bilateral transport operations, within the limits defined in points 2 and 4 point 4.1.

The exemptions for additional activities set out in point 4 above apply only to mobile employees who use vehicles equipped with smart tachographs, in accordance with Articles 8, 9 and 10 of the aforementioned Regulation (EC) No 165/2014.