NHTSA ID Number: 10345692
Incident Date: 2009-03-26
Manufacturer's Name: BMW
of North America, LLC
Vehicle/Equipment Make: BMW
Vehicle/Equipment Model: 328XI
Model Year: 2007
9999 If Unknown Or N/A
Vehicle Identification Number: WBAWC33507P
Vehicle Mileage At Failure: 25500
Vehicle Speed: 45
Number Of Occurrences: 1
Was Vehicle Towed: No
Consumer Location: BOISE, ID
Summary of Complaint
I PURCHASED A USED 2007 BMW 328XI COUPE WITH THE ZF 6-19 AUTOMATIC TRANSMISSION. (NOT THE ZF 6-19 TU) TWO WEEKS AFTER THE PURCHASE I WAS TRAVELING AT A STEADY 45 MPH & HAD TO BRAKE QUICKLY TO ABOUT 5 MPH. I THEN IMMEDIATELY HIT THE GAS TO ACCELERATE AWAY, AND THE CAR DID NOT RESPOND FOR AN UNACCEPTABLE PERIOD OF TIME. DEALERSHIP COULDN'T FIND THE PROBLEM. I TESTED THE CAR & DETERMINED THAT WHEN THE VEHICLE WAS IN TOP (6TH) GEAR, AND WAS BRAKED RAPIDLY DOWN TO A SPEED NEEDING A SUBSTANTIALLY LOWER GEAR, THE TRANSMISSION REMAINS IN 6TH. WHEN THE DRIVER ATTEMPTS TO ACCELERATE THE TRANSMISSION SHIFTS ONE GEAR AT A TIME, TAKES ABOUT 0.8 SECONDS PER GEAR CHANGE, AND DOES NOT PROVIDE ANY ACCELERATIVE FORCE UNTIL IT HAS MADE IT TO THE CORRECT GEAR. IN AN INCIDENT WHEN DECELERATING FROM TOP GEAR TO 10 MPH OR LESS AND THEN IMMEDIATELY ATTEMPTING TO ACCELERATE, THE CAR TAKES ABOUT 4 SECONDS TO BEGIN TO RESPOND. ONCE I DEMONSTRATED IT TO THE DEALERSHIP THEY LOOKED INTO IT FURTHER. BMW'S RESPONSE WAS "THE VEHICLE IS OPERATING AS DESIGNED." FURTHER COMPLAINTS RESULTED IN "CUSTOM SOFTWARE" FOR THE TRANSMISSION WHICH DROPPED THE DELAY FROM ABOUT 4 SECONDS TO ABOUT 3.75 SECONDS, AND ALLOWED THE TRANSMISSION TO TRANSFER SOME POWER TO THE WHEELS AS IT WAS WORKING DOWN THE GEARS. IT WAS AN EXTREMELY LIMITED IMPROVEMENT, STILL FAR FROM SAFE. A FOUR SECOND DELAY BEFORE A DRIVER CAN MOVE THE CAR EFFECTIVELY AFTER BREAKING IS UNSAFE. I AM FORTUNATE IN THAT I DISCOVERED THIS PROBLEM IN A SITUATION WHERE I WANTED TO ACCELERATE, BUT DIDN'T HAVE TO, IN ORDER TO AVOID A COLLISION. HAD THIS HAPPENED ON THE 75 MPH FREEWAYS IN IDAHO WHERE I LIVE, I COULD EASILY BEEN HURT OR KILLED. THIS WAS REPORTED TO THE DEALERSHIP, AND BMW NORTH AMERICA. NEITHER ENTITY INDICATED THAT THEY BELIEVED THERE WAS ANY SAFETY ISSUE. *TR
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Complaint 10345692 Documents
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CRASH: No
WAS VEHICLE INVOLVED IN A CRASH
FIRE: No
WAS VEHICLE INVOLVED IN A FIRE
INJURIES: 0
NUMBER OF PERSONS INJURED
DEATHS: 0
NUMBER OF FATALITIES
Was Medical Attention Required: No
Was Incident Reported To Police: No
Date Of Incident: 2009-03-26
(YYYY-MM-DD)
Date Added To File: 2010-07-27
(YYYY-MM-DD)
Date Complaint Received By NHTSA: 2010-07-27
(YYYY-MM-DD)
Date Purchased:
(YYYY-MM-DD)
Was Original Owner: No
Product Type: Vehicle
V = Vehicle T = Tires E = Equipment C = Child Restraint
Specific Component's Description: POWER TRAIN:AUTOMATIC TRANSMISSION
Anti-Lock Brakes: No
Cruise Control: No
Number Of Cylinders:
Drive Train Type:
[AWD, 4WD, FWD, RWD]
Fuel System:
FI = Fuel Injection TB = Turbo
Fuel Type:
BF = BiFuel CN = CNG/LPG DS = Diesel GS = Gas HR = HybridElectric
Vehicle Transmission Type [Auto, Man]: AUTO
(DOT) Department Of Transportation Tire Identifier:
Tire Size:
Location Of Tire:
FSW = Driver Side Front DSR = Driver Side Rear FTR = Passenger Side Front PSR = Passenger Side Rear SPR = Spare
Type Of Tire Failure:
BST = Blister BLW = Blowout TTL = Crack OFR = Out Of Round TSW = Puncture TTR = Road Hazard TSP = Tread Separation
Was Defective Tire Repaired:
Was Part Original Equipment:
Date Of Manufacture:
(YYYYMMDD)
Type Of Child Seat:
B = Booster C = Convertible I = Infant IN = Integrated TD = Toddler
Installation System:
A = Vehicle Safety Belt B = Latch System
Dealer's Name:
Dealer's Telephone Number:
Dealer's City:
Dealer's State:
Dealer's Zipcode:
SOURCE OF COMPLAINT CODE:
CAG = Consumer Action Group CON = Forwarded From A Congressional Office DP = Defect Petition,result Of A Defect Petition EVOQ = Hotline VOQ EWR = EARLY WARNING REPORTING INS = Insurance Company IVOQ = NHTSA Web Site LETR = Consumer Letter MAVQ = NHTSA Mobile APP MIVQ = NHTSA Mobile APP MVOQ = Optical Marked VOQ RC = Recall Complaint, Result Of A Recall Investigation RP = Recall Petition, Result Of A Recall Petition SVOQ = Portable Safety Complaint Form (PDF) VOQ = NHTSA Vehicle Owners Questionnaire
Incident State Code:
Vehicle Operator's Name:
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