(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 the driver transits through the territory of a Member State without loading or unloading freight or without picking up or setting down passengers.

(2) 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 the initial or final road leg of a combined transport operation as defined in Council Directive 92/106/EEC of 7 December 1992 [OJ No. L 368, 17.12.1992, p. 38] on the establishment of common rules for certain types of combined transport of goods between Member States, if the road leg on its own consists of bilateral transport operations, as defined in Regulation 4A.

(3) A driver performing cabotage operations as defined in Regulations (EC) No 1072/2009 and (EC) No 1073/2009 shall be considered to be posted under the Framework Directive.