Motor vehicle advertising

There are specific rules in place to ensure all motor vehicle advertising in Australia is responsible.

The Federal Chamber of Automotive Industries (FCAI) Code applies to all ads for motor vehicles.

The FCAI Code covers unsafe driving practices, the use of motor sport in advertising and the depiction of off-road vehicles.

As well as being considered under the FCAI Code, complaints about motor vehicle ads may also be considered under the AANA Code of Ethics.

Complaints about issues not covered by the FCAI Code or AANA Code of Ethics and will not be accepted, including:

  • the use of images produced overseas which may depict number plates from jurisdictions outside of Australia or left-hand drive vehicles travelling on the right-hand side of the road, when the footage is provided for an Australian company by its overseas parent company.
  • the absence of number plates on motor vehicles being advertised.

Examples of previous decisions

Unsafe driving

The Community Panel has found a breach of the FCAI Code in the following cases:

  • Travelling at speeds too fast for the roads being driven on or performing dangerous manoeuvres will breach this section as unsafe driving.
  • Purposely driving to create smoke and loss of traction demonstrates driving that would breach the road rules and is a breach of this Section of the Code
    • BMW Group Australia – 0445-17
    • Fiat Chrysler Australia – 0108-19
       
  • 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
       
  • Ads that depict a scene of a vehicle rescue using a towing strap in a unsafe manner will breach this section of the Code.
    • Mitsubishi Motors Aust Ltd – 0126-22

The Community Panel has found the following ads not in breach of the FCAI Code:

  • Vehicles making sharp turns to portray the ability of the car to handle loose or unsealed surfaces in a safe manner will most likely not breach the Code.
  • Showcasing the driving aids available within the vehicle being promoted, if done in a safe manner, will not breach the Code.
  • Vehicles driving behind or next to each other will not be considered dangerous driving where all cars are a safe distance apart and are being driven in a safe manner.
  • Ads showing content which would be seen as fantasy or unlikely to happen in real life will not breach the Code.
Driving in excess of speed limits

The Community Panel have found a breach of the FCAI Code in the following cases:

  • If a motor vehicle appears to be out of control as a result of the speed it is travelling, the content may breach the Code.
    • Fiat Chrysler Australia – 0108-19 

The Community Panel has found the following ads not in breach of the FCAI Code:

  • Motor vehicle speed is sometime unclear to judge, but if the driving appears to be controlled and within speed limits the complaints will be dismissed.
Driving practices or other actions in breach of any law

The Community Panel has found a breach of the FCAI Code in the following cases:

  • Some driving actions (things associated with driving that are not driving itself) may breach the code e.g. mobile phone usage or sitting in a vehicle that is situated on the trailer of a truck.
    • Hyundai Motor Company – 0148-18

The Community Panel has found the following ads not in breach of the FCAI Code:

  • It’s okay for animals to be sitting in the body of a moving car so long as they are restrained as required by law, or are not clearly unrestrained.
    • Isuzu Ute Australia – 0234-19
       
  • Ads showing the driver of a vehicle doing a miscellaneous task (i.e applying lipstick, drinking a coffee) whilst the vehicle is stationary will not breach the code as long as the driver is portrayed to have control over the vehicle.
  • Advs which do not breach the legal road rules of the state/territory the content was filmed and/or shown in will most likely not breach the Code.

Driving while being fatigued, or under the influence of drugs or alcohol

The Community Panel has found a breach of the FCAI Code in the following case:

  • Showing a person falling asleep while driving a car will most likely breach the Code.
    • Volvo Car Australia – 0043-21 

The Community Panel has found the following ads not in breach of the FCAI Code:

  • Ads showing a driver yawning whilst the vehicle is in motion will most likely not breach the Code.
    • Volvo Car Australia – 0291-19

       
Deliberate and significant environmental damage

The Community Panel has found a breach of the FCAI Code in the following case:

  • Showing a vehicle driving over sand dunes in a manner which, if copied, would be highly likely to cause environmental damage

The Community Panel has found some ads not to breach the FCAI Code:

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

The Community Panel has found the following ads not in breach of the FCAI Code:

  • Including a driver in professional racing attire, and highlighting that it was filmed under a closed track will not breach this clause.
Depiction of off-road vehicles 

The Community Panel has found the following ads not in breach of the FCAI Code:

  • It is acceptable for advertisers to depict the capabilities of an off-road vehicle so long as the depictions do not show unsafe driving practices.
    • Suzuki Australia Pty Ltd – 0040-19
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