Advertising Standards Bureau Review of Operations 2014 | Page 104

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9. FCAI Voluntary Code of Practice

for Motor Vehicle Advertising
Explanatory Notes

Guidance to Advertisers

Context

The FCAI supports a responsible approach
to advertising for motor vehicles. FCAI asks
advertisers to be mindful of the importance
of road safety and to ensure that advertising
for motor vehicles does not contradict road
safety messages or undermine efforts to achieve
improved road safety outcomes in Australia.

The Voluntary Code of Practice for Motor Vehicle
Advertising (the Code) has been instituted by
the Federal Chamber of Automotive Industries
(FCAI) as a means of industry self‑regulation
of motor vehicle advertising in Australia. The
primary purpose of the Code is to provide
guidance to advertisers in relation to appropriate
standards for the portrayal of images, themes and
messages relating to road safety.
Vehicle occupant protection and road safety are
primary concerns for the automotive industry in
the design and operation of all motor vehicles
supplied to the Australian market. FCAI
endorses the National Road Safety Strategy and
acknowledges the importance of increased road
safety awareness in the Australian community
and fully supports the efforts of all relevant
Commonwealth, State and Territory authorities to
secure this outcome.

Date of Commencement
This revised version of the Code is to be applied
to all advertisements for motor vehicles published
or broadcast in Australia from 1 July 2004.

Scope and Coverage of the Code
The Code is to be applied to all forms and
mediums for advertising of motor vehicles in
Australia. This includes television, radio, print
media, cinema, billboards and Australian domain
internet websites.

Advertisers should ensure that advertisements
do not depict, encourage or condone dangerous,
illegal, aggressive or reckless driving. Moreover,
advertisers need to be mindful that excessive
speed is a major cause of death and injury in road
crashes and accordingly should avoid explicitly or
implicitly drawing attention to the acceleration or
speed capabilities of a vehicle.
FCAI acknowledges that advertisers may make
legitimate use of fantasy, humour and self-evident
exaggeration in creative ways in advertising for
motor vehicles. However, such devices should not
be used in any way to contradict, circumvent or
undermine the provisions of the Code.
In particular, it is noted that use of disclaimers
indicating that a particular scene or advertisement
was produced under controlled conditions; using
expert drivers; that viewers should not attempt
to emulate the driving depicted; or expressed in
other similar terms, should be avoided. Such
disclaimers cannot in any way be used to justify
the inclusion of material which otherwise does
not comply with the provisions of the Code.
Advertisers should avoid references to the speed
or acceleration capabilities of a motor vehicle (for
example, “0–100 km/h in 6.5 seconds”).
Other factual references to the capabilities of the
motor vehicle (for example, cylinder capacity,
kilowatt power of the engine, or maximum torque

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generated) are acceptable, provided that they are
presented in a manner that is consistent with the
provisions of the Code.
The Code contains a specific clause (clause 3)
relating to the use of motor sport, simulated
motor sport and similar vehicle testing or proving
activities in advertising. It is acknowledged
that motor sport plays a crucial role in brand
promotion and the development and testing
of crucial technologies, many of which result in
safer vehicles.
Accordingly the Code seeks to ensure that
advertisers can continue to legitimately make use
of motor sport in advertising, provided that care
is taken to ensure that depictions of speed, racing
and other forms of competitive driving are clearly
identified as taking place in this context. FCAI
urges also advertisers to avoid any suggestion that
depictions of such vehicles participating in motor
sport, or undertaking other forms of competitive
driving are in any way associated with normal onroad use of motor vehicles.
In addition, it is noted that the Code contains
a clause (clause 4) relating to the depiction of
off-road vehicles which have been designed
with special features for off road operation. This
clause provides some limited flexibility allowing
advertisers to legitimately demonstrate the
capabilities and performance of such vehicles in
an off-road context. In so doing however, care
should be taken to ensure that all other provisions
and the underlying objectives of the Code are
still adhered to. In particular, advertisers should
be mindful to ensure that advertisements for such
vehicles do not involve the depiction of ‘excessive’
or ‘unsafe’ speed. Equally, advertisers should avoid

portrayal of images of off‑road driving which
could otherwise be construed as being unsafe.

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