NHTSA Complaint #10345692 — 2007 BMW 328XI

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