(1) Notwithstanding Article 2(1) of the Framework Directive, a driver shall not be considered to be posted for the purpose of that Directive when performing bilateral transport operations in respect of passengers.

(2) For the purpose of the Posted Drivers Directive, a bilateral transport operations in international occasional or regular carriage of passengers, within the meaning of Regulation (EC) No 1073/2009, is when a driver performs any of the following operations:

(a) picks up passengers in the Member State of establishment and sets them down in another Member State or a third country;

(b) picks up passengers in a Member State or a third country and sets them down in the Member State of establishment;

(c) picks up and sets down passengers in the Member State of establishment for the purpose of carrying out local excursions in another Member State or a third country, in accordance with Regulation (EC) No 1073/2009.