NHTSA Complaint #10345984 — 2004 BMW 5 SERIES

HAD MY CAR 2004 545I (78,250 MILES) SERVICED AT BMW DEALERSHIP IN LONG ISLAND FOR A DEFECTIVE TRANSMISSION PAN LEAKING AT FLUID. DEALERSHIP REPLACED AND TEST DROVE BEFORE I PICKED IT UP BUT ALSO DENOTED THAT THERE WAS AN OIL LEAK ATTRIBUTED TO VACUUM PUMP/VANOS SEALS WHICH NEEDED TO BE REPLACED SOON. AS I WAS DRIVING IT BACK TO NJ FROM LONG ISLAND DEALERSHIP I NOTICED A TRANSMISSION 'KICK/JERK/SURGE' AS CAR DECELERATED SEVERAL TIMES. DROVE THE CAR TO THE MARKET ON SUNDAY (7/25/2010) AND ON THE WAY BACK WARNING ENGINE MALFUNCTION STATING 'ENGINE OPERATING AT REDUCED OUTPUT'. EMAILED THE BMW SA IN LONG ISLAND THAT REPLACED DEFECTIVE TRANSMISSION PAN/AT FLUID AND HE FELT IT MAY BE ATTRIBUTED TO OIL LEAK AND BAD VACUUM PUMP/SEALS AND HAVE IT LOOKED AT ASAP. MY LOCAL BMW SA IN NJ JUST EMAILED ME TODAY (7/28/2010) STATING: "LOOKS LIKE THE TRANS IS BAD WAITING FOR BMWNA TO GET BACK TO US WE SENT THEM ALL THE FAULTS SORRY FOR THE BAD NEWS" REPORTS OF THESE TYPE OF TRANSMISSION 'SURGE' IS NOT ISOLATED TO 2004 545I MODEL BUT TO MANY 5-SERIES UP TO 2008 AS NOTED IN THE FOLLOWING FORUM: HTTP://WWW.BIMMERFEST.COM/FORUMS/SHOWTHREAD.PHP?T=401524 THIS ISSUE NEEDS TO BE ADDRESSED NOT ON A LOCAL DEALERSHIP BUT ON A CORPORATE, WITH GOVERNMENT OVERSIGHT, LEVEL AS IT POSES SERIOUS RISKS TO ALL DRIVERS. *TR