Car Dealerships

Finance For car finance guidelines see the section on credit and lending, the helpnote on finance ads, or the car finance helper. Radiocentre has recently put together advice confirmed by the FCA with a view to reducing unnecessary legals. This advice can be found here.

Credit deals on cars for business users are not subject to the Consumer Credit (Advertisements) Regulations 2010.

Pricing
Car prices must include all compulsory charges, e.g. number plates and delivery, and should be quoted as a single, all-inclusive sum.

An ‘on-the-road’ price must include the cost of delivery, number plates and at least six months’ road fund licence.

Fuel consumption/mileage claims
Advertisements which include fuel consumption claims must be expressed in the form “up to X miles per gallon” and be satisfactorily substantiated. The ad must also state “MPG based on test conditions and may vary” or “WLTP  mileage and may vary” (WLTP is the global harmonized standard for measuring fuel consumption and electric-range). Claims for electric vehicles should also be qualified by “up to”, and ads should state, “mileage based on test conditions and may vary” or “WLTP mileage and may vary” (WLTP is the global harmonized standard for measuring fuel consumption and electric-range).

Other Specifications
All claims relating to the relative safety of cars must be capable of substantiation and be based on Euro NCAP standards which may need to be referred to in the advertisement. Safety claims should not exaggerate the benefit to consumers.

For references to speed and potentially dangerous driving, Rules 20.1-20.5 of the BCAP Code apply.

References to “power” can only be made in the context of safety.

Creative Points
Sound effects, scenarios or references that imply excessive speed or dangerous driving are unacceptable.

Advertisements must not imply that it is acceptable for speed limits to be exceeded and references to a top speed that exceeded the legal driving limit may be unacceptable. In all cases, there must be no suggestion of excitement or aggression.

Portrayals of car chases are generally unacceptable.

Advertisements must not encourage or condone illegal, dangerous inconsiderate or competitive driving or breaches of the Highway Code.

Care is needed when employing sound effects related to cars and driving which may create a safety hazard to those listening whilst driving, e.g. screeching tyres, car horns, revving engines, sirens, smashing glass, vehicle crashes.

Motability
The Motability scheme enables disabled people to use their mobility allowance to lease a new car. However, not everyone with a mobility allowance qualifies for Motability. Only those who receive the higher rate mobility component of the Disability Living Allowance (DLA) are eligible to join the scheme. Therefore, ads that refer generally to ‘mobility’ (for example, ‘if you’re looking to put your mobility allowance to good use’) should make clear that people need to be eligible/qualify for the scheme.
 

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