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Cycling advert banned over 'no helmet'

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MarkJ
World Chat Champion



Joined: 11 Apr 2006
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PostPosted: 10:47 - 29 Jan 2014    Post subject: Cycling advert banned over 'no helmet' Reply with quote
https://www.bbc.co.uk/news/uk-scotland-25926572

https://www.funcage.com/blog/wp-content/uploads/2014/01/I-dont-want-to-live-on-this-planet-anymore.jpg
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Wafer_Thin_Ham
Super Spammer



Joined: 18 Nov 2005
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PostPosted: 11:29 - 29 Jan 2014    Post subject: Reply with quote
At least if they were independent they'd be wasting their own money on such endeavours.
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stinkwheel
Bovine Proctologist



Joined: 12 Jul 2004
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PostPosted: 11:39 - 29 Jan 2014    Post subject: Reply with quote
I'm less worried about the helmet point and more worried about:

Quote:
"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.


To which my reply would be:

"And your point is...???"
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Wafer_Thin_Ham
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PostPosted: 11:42 - 29 Jan 2014    Post subject: Reply with quote
To be fair they probably expect the bicycles to ride in the gutter. Rolling Eyes
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handbasket
Nova Slayer



Joined: 17 Sep 2013
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PostPosted: 12:37 - 29 Jan 2014    Post subject: Reply with quote
Wafer_Thin_Ham wrote:
To be fair they probably expect the bicycles to ride in the gutter. Rolling Eyes


A still from that scene shows the gutter was paved rather than tarmac (so needed to be avoided). Further out was a large pothole, then a sensible gap, then the cyclist.

The car 'almost had to go into the right hand lane'. Cretinous judgment, the helmet part isn't the worst of it.

And who are the sad fucks that complained anyway?
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Mr Calendar



Joined: 14 Jun 2004
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PostPosted: 13:21 - 29 Jan 2014    Post subject: Reply with quote
stinkwheel wrote:
I'm less worried about the helmet point and more worried about:
Quote:
"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.

I think it's a mixed understanding and the ASA have taken the wrong approach.
This from the Guardian in 2011 (but I doubt attitudes have changed since), I added bold text for emphasis...
The Guardian - Laura Laker wrote:
...London cycle blogger Sam wrote recently how a taxi driver threatened him when he "took the lane" in a narrow street. Sam was told by police officers he shouldn't have been riding in the middle of the lane....
vs
The Guardian - Laura Laker wrote:
...Taking the lane is recommended by government-approved cycle training scheme Bikeability, because cyclists are safest where they can see the road and be seen. If in doubt, primary position should be the default road position....

The full article if you click here. Some interesting points, especially from the Met.'s Chief inspector Ian Vincent, Cycle Task Force.

Jury's IMHO still out on helmets. Plus side they sometimes work. Downside is they induce an air of invulnerability, both with cyclists and car drivers (so what if I hit then, they're protected attitude). Plus there are those (freak?) accidents where they can cause more harm than if not worn.

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G
The Voice of Reason



Joined: 02 Feb 2002
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PostPosted: 15:22 - 29 Jan 2014    Post subject: Reply with quote
Also, there was a car scene in another advert where the passengers weren't wearing a 5/6 point harness and helmet - better remove it as they could have been safer!

Or, if we're going by highway code 'recommendations' - bike safety adverts where the motorcycle rider wasn't wearing a helmet in the colour scheme recommended by the highway code.
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Mr Calendar



Joined: 14 Jun 2004
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PostPosted: 15:35 - 29 Jan 2014    Post subject: Reply with quote
I was looking up how you complain about/to the ASA and came across the ruling. The summary is
ASA wrote:
...We understood that UK law did not require cyclists to wear helmets or cycle at least 0.5 metres from the kerb. However, under the Highway Code it was recommended as good practice for cyclists to wear helmets. Therefore, we considered that the scene featuring the cyclist on a road without wearing a helmet undermined the recommendations set out in the Highway Code. 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.

The ad breached BCAP Code rules 1.2 (Social responsibility), 4.1 and 4.4 (Harm and offence).
from this page - clicky link

The Making a complaint about the ASA page is a bit woolly. It would appear members of the public can complain about advert but not about the ASA or its decisions. This can only be the Independent Review process for advertisers and I take it the original complainants.

I hope Cycling Scotland challenge this ASA ruling/decision.
This based on the road position of cyclist being correct for the conditions and helmets are not a legal requirement and a personal choice (at the moment). The Highway Code is indeed 'best practice' but (unless otherwise stated) it is not the law and does allow personal choice and freedom.
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Last edited by map on 15:46 - 29 Jan 2014; edited 1 time in total
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G
The Voice of Reason



Joined: 02 Feb 2002
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PostPosted: 15:43 - 29 Jan 2014    Post subject: Reply with quote
I was amused by the 'when the car behind overtook them and the car almost had to enter the right lane of traffic.' that there is encouraging dangerous driving in it's self - in a significant amount of situations the car SHOULD enter the opposing lane of traffic (when it is safe to do so) to overtake.
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Ste
Not Work Safe



Joined: 01 Sep 2002
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PostPosted: 17:36 - 29 Jan 2014    Post subject: Reply with quote
stinkwheel wrote:
I'm less worried about the helmet point and more worried about:

Quote:
"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.


To which my reply would be:

"And your point is...???"

The Highway Code says "give motorcyclists, cyclists and horse riders at least as much room as you would when overtaking a car"

https://www.gov.uk/using-the-road-159-to-203/overtaking-162-to-169
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Mr Calendar



Joined: 14 Jun 2004
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PostPosted: 18:00 - 29 Jan 2014    Post subject: Reply with quote
Ste wrote:
...The Highway Code says "give motorcyclists, cyclists and horse riders at least as much room as you would when overtaking a car"

https://www.gov.uk/using-the-road-159-to-203/overtaking-162-to-169
vs
ASA wrote:
...the car behind overtook them and the car almost had to enter the right lane of traffic...

Appears ASA wants their cake and eat it. Citing Highway Code as reason cyclist should (note should, not MUST) wear a helmet and then ignore Highway Code on road position and overtaking.

Rolling Eyes
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thepuma
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Joined: 16 Jul 2012
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PostPosted: 19:17 - 29 Jan 2014    Post subject: Reply with quote
Shes not the prettiest but dont feel it fair to call her a horse!

A hoar maybe.
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handbasket
Nova Slayer



Joined: 17 Sep 2013
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PostPosted: 12:34 - 30 Jan 2014    Post subject: Reply with quote
The complaint from Cycling Scotland (and elsewhere) has resulted in the ban being suspended while they think about it a bit more.
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Mr Calendar



Joined: 14 Jun 2004
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PostPosted: 13:06 - 30 Jan 2014    Post subject: Reply with quote
handbasket wrote:
The complaint from Cycling Scotland (and elsewhere) has resulted in the ban being suspended while they think about it a bit more.

That's good news. The links to the Ruling I posted above are now not there (404 errors).
Did find this (see here)...
ASA wrote:
Cycling Scotland Ruling
30 January 2014
The ASA has withdrawn its formal ruling against a Cycling Scotland ad pending the outcome of an Independent Review. That followed a request from Cycling Scotland, in which it argued that the ASA’s criticism of the positioning of the cyclist was incorrect. The decision to withdraw was made by the ASA Chief Executive in light of a potential flaw in our ruling. Once the Independent Review process is complete we will publish our decision on our website.

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drbaig
Crazy Courier



Joined: 24 May 2012
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PostPosted: 15:15 - 30 Jan 2014    Post subject: Reply with quote
yet, more propaganda. sigh.

a simple advert banned on a severe nit picking technicality which makes no common sense. WTF! Neutral
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