Ad description

A TV ad for Euro Car Parts Ltd, seen on 14 November 2016, featured a woman driving through a country lane. The camera shot to the woman adjusting the volume on the car stereo, and then switching gears while speeding up. The camera then shot to the woman pressing firmly on her brake pad and stopping suddenly to avoid hitting sheep in the road. The voice-over stated, “I was planning a long journey at the weekend to see the family, so Stewart at the local garage serviced my car. I didn’t have a lot of time but he insisted I change my brake pads. So thanks to Stewart I could stop fast too. Because he called Euro Car Parts, I was still on my way fast, and to me that makes him my hero … Heroes keeping Britain on the road, any part for any car, delivered in store or online for heroes nationwide.”

Issue

Six complainants challenged whether the ad promoted reckless and dangerous driving.

Response

Euro Car Parts Ltd referred to Section 2A and 3ZA of the Road Traffic Act 1988 with regards to the definition of “Dangerous Driving” and “Careless or Inconsiderate Driving”. They stated that the woman was driving on a country lane with no other cars or pedestrians around and was not driving in excess of 40 miles per hour. Therefore, in accordance with the definition of dangerous driving and careless and inconsiderate driving as set out in the Road Traffic Act, they believed it was clear that the woman’s actions did not fall below or far below what would be expected of a careful driver as she was driving well within the national speed limit. They said they did not promote dangerous or reckless driving because due consideration was given to the surroundings. Also, the narrative emphasised that they provided a fast and efficient service and did not make reference to the speed of the car.

With regards to irresponsible driving, they stated that if the woman had been shown to be driving on a busy road with pedestrians around it might be argued that adjusting the volume in the car might be inconsiderate and irresponsible. The woman, however, was driving on a country lane, with no pedestrians or other cars around. They stated that the emergency stop was after a sharp bend in the road and arguably the sheep were positioned in a blind spot. Adjusting the volume on the stereo, therefore, did not have any bearing on conducting the emergency stop to avoid contact with the sheep.

They stated that they did not condone dangerous, reckless or irresponsible driving and the overall message of the ad was to emphasise their fast and efficient service.

Clearcast stated that they advised the agency at script stage to ensure that all scenes adhered to the Highway Code so that they filmed the edit safely. They monitored the scenes to ensure there were no breaches under the Motoring rules in the BCAP Code and were satisfied that the ad did not promote or demonstrate careless or reckless driving.

They explained that the story behind the ad was to ensure that people maintained their cars to ensure safe and legal driving on the roads. The driver talked about how she visited Euro Car Parts and was informed that she required new brake pads. They explained that it led viewers into the exact nature of why the maintenance of one’s vehicle was important – a surprise in the road which required emergency braking. They stated that the surprise element was due to the nature of country lanes where views may be obstructed and obstacles, such as livestock crossing, would warrant the need for an emergency stop.

They stated that the agency confirmed the driver was within the speed limit for the road, and the limit for the shoot was 40 mph, which was not exceeded. With regards to the stereo, Clearcast stated that they ensured that no distracting, irresponsible or dangerous scenes were shown. They were satisfied that in the very brief shot of the driver handling the radio dial the music levels were neither distracting nor did the level of music increase. Also, the driver was shown to pay close attention to the road at all times.

They said the ad was not promoting the advertiser’s services on the back of speedy or reckless driving, but in fact promoted the importance of car maintenance because emergency situations could arise in normal driving circumstances.

Assessment

Not upheld

The ASA did not consider that the speed of the car in the ad appeared to be excessive for the driving conditions – an empty road on a clear dry day – and we understood that it did not exceed 40 mph. Although the voice-over made references to speed, such as “thanks to Stewart I could stop fast too. Because he called Euro Car Parts, I was still on my way fast”, we considered that viewers would interpret this as relating to the fact her departure was not delayed rather than that she was driving excessively fast. We considered that viewers would understand from the ad that the driver was able to stop her car safely on a bend thanks to worn brake pads being replaced, and we did not consider that that in doing so it depicted reckless driving. We concluded that the ad did not condone or encourage dangerous driving.

We investigated the ad under BCAP Code rules  20.1 20.1 Advertisements must not condone or encourage dangerous, competitive, inconsiderate or irresponsible driving or motorcycling. Advertisements must not suggest that driving or motorcycling safely is staid or boring.  and  20.4 20.4 Motoring advertisements must not refer to speed in a way that might condone or encourage dangerous, competitive, inconsiderate or irresponsible driving or motorcycling. Factual statements about a vehicle's speed or acceleration are permissible but must not be presented as a reason for preferring the advertised vehicle. Speed or acceleration claims must not be the main selling message of an advertisement.  (Motoring), but did not find it in breach.

Action

No further action necessary.

BCAP Code

20.1     20.4    


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