NHTSA Complaint #10394431 — 2004 BMW 530I

I HAVE MY CAR ROUTINELY SERVICED WITH A CERTIFIED BMW TECHNICIAN AT A BMW SERVICE CENTER. RECENTLY MY TECHNICIAN TOLD ME MY CAR GAVE A CODE FOR PASSENGER AIRBAG FAILURE. MY CAR HAS BEEN IN NO ACCIDENTS. CURRENTLY I HAVE A "FAULT DETECTION" OF THE FRONT PASSENGER AIRBAG SENSOR. IF SOMEONE WERE TO SIT IN THE FRONT PASSENGER SEAT AND IF THE VEHICLE SUSTAINED ANY FRONT END DAMAGE, THE FRONT PASSENGER AIRBAG WOULD NOT DEPLOY. AS OF NOW THE VEHICLE CANNOT DETERMINE IF SOMEONE IS SITTING IN THE FRONT PASSENGER SEAT OR NOT. THIS FAILURE WILL NOT ALLOW THE FRONT PASSENGER AIRBAG TO DEPLOY IF THE VEHICLE WERE IN A COLLISION. BMW IS FULLY AWARE OF THIS ISSUE. INFACT, THEY HAVE STATED THAT CRACKS ARE CAUSED DUE TO GETTING IN AND OUT OF THE VEHICLE ON THE PASSENGER SIDE, AS A RESULT, THE AIRBAG SENSOR FAILS IN THE FRONT PASSENGER SEAT. THERE HAS BEEN A RECALL FOR THIS CODE HOWEVER, BMW CLAIMS MY CAR IS NOT COVERED. THE YEAR, MAKE, MODEL AND SEAT ALL QUALIFY FOR THIS RECALL. SAFETY IS A VERY SERIOUS CONCERN AND I CANNOT SEE HOW THIS CANNOT BE COVERED. *TR