Advert banned due to cyclist not doing anything wrong

Agent57
Agent57 Posts: 2,300
edited January 2014 in Commuting chat
http://www.bbc.co.uk/news/uk-scotland-25926572

"A television advert promoting safe cycling has been banned for showing a rider without a helmet."

:roll:
MTB commuter / 531c commuter / CR1 Team 2009 / RockHopper Pro Disc / 10 mile PB: 25:52 (Jun 2014)
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Comments

  • jds_1981
    jds_1981 Posts: 1,858
    and cycling out from the kerb
    "Furthermore, we were concerned that whilst the cyclist was more than 0.5 metres from the kerb, they appeared to be located more in the centre of the lane when the car behind overtook them and the car almost had to enter the right lane of traffic.

    "Therefore, for those reasons we concluded the ad was socially irresponsible and likely to condone or encourage behaviour prejudicial to health and safety."

    Saw this story linked elsewhere this morning and it somewhat riled me.
    Can someone send them a link to that highway code overtaking picture?
    FCN 9 || FCN 5
  • Kieran_Burns
    Kieran_Burns Posts: 9,757
    Maybe they should see this?

    hc_rule_163_give_vulnerable_road_users_at_least_as_much_space_as_you_would_a_car.jpg
    Chunky Cyclists need your love too! :-)
    2009 Specialized Tricross Sport
    2011 Trek Madone 4.5
    2012 Felt F65X
    Proud CX Pervert and quiet roadie. 12 mile commuter
  • The main issue for me is not the helmet one, but they said the rider was irresponsible because they were more than 0.5 metres from the curb and that the overtaking car almost had to go into the other lane - shock horror!

    Here's the ruling: http://www.asa.org.uk/Rulings/Adjudicat ... 38570.aspx
  • Anonymous
    Anonymous Posts: 79,667
    Daily mail coverage of this will be interesting.....
  • coriordan wrote:
    Daily mail coverage of this will be interesting.....

    Just don't read the comments section.
  • veronese68
    veronese68 Posts: 27,252
    The main issue for me is not the helmet one, but they said the rider was irresponsible because they were more than 0.5 metres from the curb and that the overtaking car almost had to go into the other lane - shock horror!

    Here's the ruling: http://www.asa.org.uk/Rulings/Adjudicat ... 38570.aspx
    I agree. I've just had a quick look online at the Highway Code and can't find the bit saying you shouldn't be more than 0.5m from the kerb. I saw the same picture KB posted and was going to post that as I believe the ruling also said the rider was irresponsible for making the car go to the far right of the lane. I do think the ASA should be inundated with complaints about the ruling as they are basically telling drivers cyclists should ride in the gutter and encouraging close passes. Then the likes of the Daily Fail will get hold of it and it'll get more publicity, if there ever is a climb down by the ASA you can guarantee it will get hardly any publicity.
    I posted a link to the BBC article in the rants thread, I said I wouldn't comment as I would keep ranting once I started. Now I'm off...
  • jds_1981
    jds_1981 Posts: 1,858
    If I were cycling Scotland, I'd be very tempted to start trolling. My first 'advert' would show a cyclist cycling in primary.
    FCN 9 || FCN 5
  • This riled me to.

    While it is the only example I can think of currently, I am going to report every *car advert that shows the driver not wearing a seat belt.

    They've set a precident so they either live by it or become discredited

    *Nothing against cars or the advertising but this organisation needs to be discredited if this how view this example
  • jds_1981
    jds_1981 Posts: 1,858
    While it is the only example I can think of currently, I am going to report every *car advert that shows the driver not wearing a seat belt.

    do it for every advert where the people in the car aren't wearing helmets with a link to a suitable study?
    FCN 9 || FCN 5
  • pollys_bott
    pollys_bott Posts: 1,012
    jds_1981 wrote:

    Done, to both, complete with the picture posted by Keiran. 30 minutes of my life I'm not getting back, but hey ho! :lol:

    The ruling is a bit of a joke innit? :roll:
  • PBo
    PBo Posts: 2,493
    jds_1981 wrote:

    Done, to both, complete with the picture posted by Keiran. 30 minutes of my life I'm not getting back, but hey ho! :lol:

    The ruling is a bit of a joke innit? :roll:

    I admire your stance, but from what I understand, one of those is for complaining about an ad, the other for the involved parties to complain about a ruling.

    I'm looking at complaining to the cycling minister, and also finding out which dept ASA are notionally responsible too, and complaining to them. Quangos need to be held accountable by someone....

    Pete
  • pollys_bott
    pollys_bott Posts: 1,012
    Yes, I did note that the ASA's complaints procedure appeared to be very particular about who could complain about what. From memory you cannot complain to them about a decision so you have to go the Independent Reviewer but only if you're the advertiser or an original complainant about the advert... which conveniently appears to leave them fully insulated from Joe Public pointing out the errors of their ways.

    I did look at the OFCOM website but not sure how / if at all they are linked to the ASA.

    Maybe a copy of the email to BC and ask them to speak up..?
  • jds_1981
    jds_1981 Posts: 1,858
    Can but complain and hope.
    I see scottish cycling are going to se what they can do

    http://www.cyclingscotland.org/news/cyc ... sa-council
    Cycling Scotland fully intends to pursue the ASA Council’s Independent Review process open to us.”
    So may be worth 'preloading' the independent review
    FCN 9 || FCN 5
  • Ian.B
    Ian.B Posts: 732
    ASA wrote:
    They appeared to be located more in the centre of the lane when the car behind overtook them and the car almost had to enter the right lane of traffic

    The ASA is clearly bonkers. There's room for 3 lanes of traffic on that road.

    Anyway, the strapline isn't very flattering about that lady on the bike. Now that is grounds for complaint.

    _72581858_cyxcling_horse.jpg
  • It's not like she's even that far out, given the width of the road that's a normal secondary position.
  • It's not like she's even that far out, given the width of the road that's a normal secondary position.

    How long before someone puts sarah jessica parker's face on it...
    Le Cannon [98 Cannondale M400] [FCN: 8]
    The Mad Monkey [2013 Hoy 003] [FCN: 4]
  • andy9964
    andy9964 Posts: 930
    "Furthermore, we were concerned that whilst the cyclist was more than 0.5 metres from the kerb, they appeared to be located more in the centre of the lane when the car behind overtook them and the car almost had to enter the right lane of traffic
    .

    Isn't that the same as saying, the car didn't have to enter the right lane of traffic.
    The only real danger there, is, if there was a sudden strong headwind, the cyclist might get a face full of skirt/dress
  • Ian.B wrote:
    Anyway, the strapline isn't very flattering about that lady on the bike. Now that is grounds for complaint.
    You need to see the ad to understand the context of the strapline

    http://www.youtube.com/watch?v=84T2i5PCMxw
  • Ian.B wrote:
    Anyway, the strapline isn't very flattering about that lady on the bike. Now that is grounds for complaint.
    You need to see the ad to understand the context of the strapline

    http://www.youtube.com/watch?v=84T2i5PCMxw

    The ASA should have banned the advert for being daft ;)
  • slowbike
    slowbike Posts: 8,498
    Yes, I did note that the ASA's complaints procedure appeared to be very particular about who could complain about what. From memory you cannot complain to them about a decision so you have to go the Independent Reviewer but only if you're the advertiser or an original complainant about the advert... which conveniently appears to leave them fully insulated from Joe Public pointing out the errors of their ways.

    I did look at the OFCOM website but not sure how / if at all they are linked to the ASA.

    Maybe a copy of the email to BC and ask them to speak up..?

    Nobody can tell you who or what you can or cannot complain about - you can complain about anything and everything - the key is to whom your complaint is best directed. If the ASA will not listen to public complaint then what's your next step? Easy answer is your councillor.

    Do the ASA have offices somewhere - perhaps some local cyclists could stage a protest ride - riding exactly 0.51m from the curb and without a helmet on.
  • mtb-idle
    mtb-idle Posts: 2,179
    ridiculous ruling.

    Should we also be concerned that the driver of that open topped sports vehicle isn't sporting any head protection? Does it have a roll-bar protection or does the windscreen act as the roll bar and if so does it meet modern requirements given that the vehicle appears to be at least 20 years old?

    More drivers die of head injuries than cyclists so shouldnt all drivers wear protective helmets?

    Etcetera etcetera as the King of Siam once said.
    FCN = 4
  • squired
    squired Posts: 1,153
    For me the sad thing is that we keep on getting told how we want to get to a situation where people ride their bikes wearing non-cycle specific clothing and feel safe doing it. Having an image like that promotes cycling as something anyone can do, even in their normal clothes. As soon as you show them in luminous vests and helmets it puts up an immediate barrier in the minds of many.

    I forsee a time in the not too distant future when cyclists are forced by law to dress up in head-to-toe high viz and don helmets, with pedestrians also expected to dress similarly (minus the helmets).
  • Kieran_Burns
    Kieran_Burns Posts: 9,757
    The Telegraph has a good article in its blog:

    http://www.telegraph.co.uk/men/active/r ... -lane.html
    Chunky Cyclists need your love too! :-)
    2009 Specialized Tricross Sport
    2011 Trek Madone 4.5
    2012 Felt F65X
    Proud CX Pervert and quiet roadie. 12 mile commuter
  • Kieran_Burns
    Kieran_Burns Posts: 9,757
    Well - that's me needing a new keyboard:
    I get spooked when cars blast past me less than a foot away. I should add that I am a cyclist rather than a horse.
    Chunky Cyclists need your love too! :-)
    2009 Specialized Tricross Sport
    2011 Trek Madone 4.5
    2012 Felt F65X
    Proud CX Pervert and quiet roadie. 12 mile commuter
  • fatsmoker
    fatsmoker Posts: 585
    made me chuckle
  • mtb-idle
    mtb-idle Posts: 2,179
    and what if the horse (and it's rider) are anti-cyclist, as I've experienced on many MTB rides.

    This opens up a whole different world of pain.

    We should be told...
    FCN = 4
  • Ian.B
    Ian.B Posts: 732
    Ian.B wrote:
    Anyway, the strapline isn't very flattering about that lady on the bike. Now that is grounds for complaint.
    You need to see the ad to understand the context of the strapline

    http://www.youtube.com/watch?v=84T2i5PCMxw

    Should have added a smiley... :lol:

    Quite like the ad actually. I can't believe 5 people had the time or energy or seriously think it is "irresponsible and harmful" and were concerned enough about it to complain, or that the ASA took them seriously.
  • Ian.B wrote:
    Ian.B wrote:
    Anyway, the strapline isn't very flattering about that lady on the bike. Now that is grounds for complaint.
    You need to see the ad to understand the context of the strapline

    http://www.youtube.com/watch?v=84T2i5PCMxw

    Should have added a smiley... :lol:

    Quite like the ad actually. I can't believe 5 people had the time or energy or seriously think it is "irresponsible and harmful" and were concerned enough about it to complain, or that the ASA took them seriously.
    I liked it too. It shows a lighter side to cyclists and offers a friendly approach to public information films as opposed to wading in telling drivers to give us more space which could have had the opposite effect.