Posting of an employee shall be deemed to take place when a foreign undertaking, by agreement with a recipient of transport services in Norway, posts a driver to Norway for its own account, at its own risk and under its own management, to perform:
a.cabotage operations, i.e. carriage of goods where the loading and unloading of goods takes place in Norway, or carriage of passengers, where passengers are both picked up and set down in Norway;
b.cross-trade operations, i.e. transport between Norway and another country if:
i.neither of the countries is the country where the undertaking is established; and
ii.the transport operation is not an additional activity pursuant to paragraph four.
Posting is not deemed to take place when the driver:
a.performs a bilateral transport operation pursuant to paragraph three or performs an additional activity pursuant to paragraphs four and five;
b.transits through Norway without loading or unloading freight and without picking up or setting down passengers;
c.performs the initial or final road leg as part of a combined transport operation, cf. Section 1, paragraph one, no. 10 of Regulations 11 August 1995 No. 716 relating to the implementation of common rules for domestic transport in the EEA Agreement, if the road leg is a bilateral transport operation as stipulated in paragraph three (a).
Bilateral transport operation means:
a.the movement of goods by road between the country where the undertaking is established and another country based on a transport contract;
b.the carriage of passengers where:
i.passengers are picked up in the country where the undertaking is established and set down in another country;
ii.passengers are picked up in a country and set down in the country where the undertaking is established;
iii.passengers are picked up and set down in the country where the undertaking is established if the purpose of the transport operation is to carry out local excursions in another country in accordance with Regulation (EC) No 1073/2009, cf. Section 55 of Regulations 26 March 2003 No. 401 relating to professional transport by motor vehicle and vessel.
Additional activity means that, in connection with a bilateral transport operation in respect of goods or passengers, the driver:
a.performs one activity of loading and/or unloading in the countries that the driver crosses. It is a requirement that the driver does not load goods and unload them in the same country.
b.performs two activities of loading and/or unloading during a bilateral transport operation in respect of goods back to the country of establishment, if no loading or unloading activities were performed during the preceding bilateral transport operation from the country of establishment. It is a requirement that the driver does not load goods and unload them in the same country.
c.picks up and/or sets down passengers in countries that the driver crosses, provided that the driver does not offer the carriage of passengers between two locations within the same country. The same shall apply to the return journey.
For a driver performing additional activities referred to in paragraph four to not be deemed posted, the vehicle used for the transport operation must be equipped with a smart tachograph that complies with the requirements for recording border crossings and additional activities pursuant to Articles 8, 9 and 10 of Regulation (EU) No 165/2014, cf. Section 1 of Regulations 2 July 2007 No. 877 relating to driving times and rest periods and tachographs for road transport in the EEA.
