Legal Article - Business Law

Vehicle Advertising Rules and Regulations

All advertisements must comply with the various consumer legislation as well as meeting the stringent Advertising Standards Authority Guidelines.

Here it is only the Consumer Legislation that is considered. For specific advice on the Advertising Standards Authority guidelines or on Radio or TV advertising Contact Lawgistics direct.

All descriptions contained in motor advertising are capable of being trade descriptions. Equal care must be given to the compilation of such advertising as with other descriptions. 

 If the advertisement contains reference to the availability of finance then it will also have to comply with the Consumer Credit Act and Regulations. Wherever price or pricing offers are contained then reference should be made to the pricing legislation.

In addition to the above, all advertisements must comply with certain administrative issues. In particular the trade name used MUST be included as on the Consumer Credit Licence.

In the event of a competition or draw being included then that too must comply with certain legislative requirements. Contact Lawgistics for specific queries. 

Of course motor advertising is not limited to the media. It occurs on the premises, displayed on vehicles, on mail shots, promotional literature, posters, point of sale material, leaflets and in many other ways. 

The legislation outlined above applies equally to each of those areas and careful consideration should be given to each.

Lawgistics offers a complete Health Check to ensure that all aspects of your business meet the legislative requirements.
In large organisations the advertising function is passed to a separate division within the company or to an outside advertising agency.

Where it is to a separate division within the same company then it is essential that there is an audit trail of each advertisement from conception to publication with an authorised person signing off each stage. 

Written instructions and guidelines should be given to each department/person responsible for its publication.

Where the advertising function is put out to an outside and independent agency, the contract with that agency should contain an indemnity clause. Clear written instructions as to policy and the guidelines can be provided by Lawgistics.

If in any advertisement, the design of such does not make it immediately apparent that it is a trade advertisement then you must include the word 'Trade' within the advertisement.

Published: 16 Mar 2011


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