ASA's have responded to my feeling that these ads might not be legal. Turns out I'm wrong.... Anyway the whole debacle has hardly impacted anywhere on general media and the average road user probably thinks it 'does the job' of 'containing' cyclist 'misdismeanours'.
Radio Scotland reported on a survey of how Glasgow was a much politer place than Edinburgh for road use and failed to connect to the NWC campaign. So this means it's a fail in general interest terms. Also shows it is really directed at cyclists too.
Here's what they said.
YOUR COMPLAINT - The Scottish Government / The Niceway Code
Thank you for contacting the ASA.
We can intervene if an advertisement seems likely to be in breach of the UK Code of Advertising by, among other things, being likely to provoke serious or widespread offence, risking causing significant harm or being materially misleading. Whilst I appreciate your comments about the Niceway Code poster, we don’t believe such a breach has occurred in this instance.
I understand you objected to the ad because the circled arrows are designed to look like official signs relating to the legality of overtaking a bus on the left and right, which you find to be misleading. We have reviewed the ad and noted that an arrow pointing to the left of the bus is circled in red with the word ‘Nope’ underneath it and an arrow is circled in green on the right hand side of the bus with the wording ‘If you must’ underneath. We also noted that an image of a bicycle is shown between the two arrows and further text reads ‘Let’s all get along. Follow the Niceway Code.’ We considered that the use of the words ‘nope’ and ‘if you must’ would indicate to viewers that these instructions were not official, but rather informally posed suggestions to cyclists. We also regarded that the ‘niceway code’ logo was given prominence in the ad through the use of capital letters and multicoloured words. We considered that this made it sufficiently clear to viewers that this was not official material provided by the ‘highway code’.
With regards to your concerns that this ad may cause conflict on the road between cyclists and other motorists, we considered that all road users are required to have a comprehensive understanding of the highway code, which fully details both safe practice and the various laws related to road use. We concluded that the ad was unlikely to undermine road users knowledge of the highway code, the law or their own common sense when on the road, and was therefore unlikely to mislead in the manner you have suggested.
Although this may not be the response you were hoping for, I would like to thank you for taking the time to raise your concerns with us.