Motor vehicle advertising: determination summary

This determination summary applies to advertisements for motor vehicles as defined in the FCAI Code. Advertisements for a product other than a motor vehicle, but which depicts motor vehicles will be considered under the AANA Code of Ethics.

The Community Panel’s recent approach in assessing complaints under particular parts of the FCAI Code has been as follows.

2 (a) Unsafe driving

  • Travelling at speeds too fast for the roads being driven on will breach this Section as unsafe driving.
  • Purposely driving to create smoke and loss of traction is a breach of the road rules and of Section 2 (a).
  • Leaving the road to overtake another vehicle demonstrates driving that would breach the road rules and is a breach of this Section of the Code.
    • Volkswagen Group Australia – 0457/18

2 (b) Driving in excess of speed limits

  • Motor vehicle speed is sometimes unclear to judge, but if the driving appears to be controlled and there is no clear context that shows the vehicle driving in an area where there is a speed limit and the vehicle is driving above the particular speed limit,  the complaints will be dismissed.

2 (c) Driving practices or other actions in breach of any law

Various driving practices have been looked at under this Section, the Community Panel’s view is:

  • A person sitting in a vehicle that is situated on the trailer of a truck is a breach of the road rules and a breach of this Section of the Code.
  • Driving in a controlled environment is okay where there is no risk to other vehicles.
  • It is acceptable for animals to be sitting in the tray of a ute if the vehicle is stationary.
  • Advertisements featuring body parts out the windows of vehicles will breach the law and this Section of the Code.

2 (d) Driving while being fatigued, or under the influence of drugs or alcohol

Advertising should not show people driving with appearing fatigued or under the influence of drugs or alcohol. There are no recent examples.

2 (e) Deliberate and significant environmental damage

  • Vehicles shown driving across different terrains are allowed as long as they are not shown to be significantly harming the environment.

3 Motorsport

  • Including a driver in professional racing attire, and highlighting that it was filmed under a closed track will not usually breach this clause.

4 Depiction of off-road vehicles

Advertisements for off-road vehicles should not portray unsafe driving. There are no recent examples.