A TV advert by Cycling Scotland which showed a cyclist riding down the middle of a road and not wearing a helmet or safety clothing, has been banned even though the law does not stipulate that helmets must be worn.

The Advertising Standards Authority banned the ad because, it said, the absence of a helmet “undermined the Highway Code” which recommends that cyclists wear helmets.

But Cycling Scotland does not intend to accept the ruling without a fight, and will appeal to the ASA’s independent review process.

The ASA received five complaints about the ad from people who said it was irresponsible and harmful.

The advert aimed to promote safer cycling by encouraging viewers to compare cyclists with horses, and treat them accordingly, by slowing down, giving them space on the road and being more careful when passing. The on-screen strapline was ‘See cyclist think horse’.

In response to the complaints, Cycling Scotland pointed out that wearing a helmet was not a legal requirement in Scotland but a personal choice for the individual, and that the ad also showed some cyclists with helmets.

Helmets 'put people off cycling'

It referred the ASA to its helmet policy which considers the disbenefits of helmets, including the fact that they put some people off cycling and can cause drivers to be less careful when they encounter cyclists on the road.

Regarding the cyclist’s clothing, the charity said it wanted to promote the accessibility of cycling and its suitability for everyday journeys.

And in response to complaints about the cyclist riding in the middle of the road, Cycling Scotland said that because of the width of the road, the cyclist was safer riding out past the parking area where she would be seen more easily by drivers.

It concluded that the ad deliberately depicted a realistic situation, in that not all cyclists wore helmets.

ASA: Ad undermined Highway Code

But the ASA upheld the complaints anyway. It said that while helmets were not compulsory, the Highway Code recommends wearing them and so the scene in the ad undermined the Highway Code.

And it said the cyclist was riding too far out into the road, causing passing motorists to almost enter the right lane of traffic. This was potentially dangerous and so the ad was socially irresponsible, the ASA decided.

The regulator ordered that the advert must not be shown again and that in future Cycling Scotland’s ads must feature cyclists wearing helmets and cycling in the most suitable position on the road.

Diversity of opinion on helmets

Cycling Scotland said it was disappointed with the adjudication and the decree that future ads should always feature cyclists wearing helmets – especially in light of the legal requirements for helmets and safety attire.

“There is a broad spectrum of research and opinion across the road safety and health communities when it comes to issues relating to helmet use and the ad reflected this diversity by showing cyclists both with and without helmets,” it said.

“The advert was produced in close consultation with an experienced cycle training instructor who carefully considered the use of road positioning and safety attire required for cycling in the daytime.  

“Cycling Scotland fully intends to pursue the ASA Council’s independent review process open to us.”