Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
Since 1 December 2003, it is a specific offence to use a hand-held phone, or similar device, when driving. More information is available at the Department for Transport’s website: http://www.dft.gov.uk/think/focusareas/invehiclesafety/mobilephones?page=Overview&whoareyou_id=
Provided that a phone can be operated without holding it, CAP understands that hands-free equipment is not specifically prohibited by the new regulation. Making hands-free calls can nevertheless be distracting and their use could result in drivers driving without reasonable control. The Code states that advertisements should not promote irresponsible behaviour (Rule 1.3), incite readers to break the law (Rule 1.10) or encourages unsafe practices (Rule 4.5) such as dangerous driving. Marketing communications that show a driver using a mobile phone while the vehicle is in motion are likely to fall foul of the Code. Furthermore, the ASA has, on several occasions, upheld complaints about advertisements that have promoted hands-free devices as safe or safer alternatives to conventional handsets when driving (Toyota (GB) plc, 16 June 2004; Home Service Mail Order Ltd, Oct 2000; and The Carphone Warehouse Ltd, Dec 1999).
Last modified : 02 August 2010