NHTSA Complaint #10493819 — 2006 BMW 325I

I HAVE A FAULTY PASSENGER SIDE SEAT OCCUPANCY SENSOR FAILURE, AS DIAGNOSED BY THE LOCAL BMW DEALERSHIP. THE FAILURE CODE IS 93C3, AND THE ISSUE APPEARS TO HAVE BEEN PREVIOUSLY RECOGNIZED BY THE MANUFACTURER, AND PARTIALLY REMEDIED WITH EITHER AN EXTENDED WARRANTY OR RECALL, ALLOWABLE ON ONLY PARTICULAR VIN NUMBERS. THE RECALL / EXTENDED WARRANTY APPLIES TO PARTICULAR 2006 3 SERIES BMW VEHICLES MANUFACTURED PRIOR TO JANUARY 2006. THE 93C3 SEAT MAT OCCUPANCY FAILURE IN MY VEHICLE CAUSES THE AIRBAG AND SEAT BELT LIGHTS TO ILLUMINATE ON THE DASHBOARD OF THE VEHICLE. BMW USA HAS ADVISED THAT THE RECALL DOES NOT IMPACT MY VEHICLE, EVEN THOUGH THE SEATS, AND MANUFACTURE DATE ARE WITHIN THE RECALL PARAMETERS. THE LOCAL BMW DEALERSHIP, AS WELL AS INDEPENDENT SHOPS HAVE ALL ADVISED THAT THE FAILURE SHOULD, BY ALL QUALIFYING MEANS BEYOND VIN NUMBER IDENTIFICATION, BE COVERED UNDER THE RECALL OR EXTENDED WARRANTY, AS THIS IS THE SAME FAILURE AS VEHICLES IMPACTED BY THE REFERENCED RECALL. REFERENCED NHTSA CAMPAIGN ID NUMBER: 08V384000 THE BMW 325I VEHICLE I OWN WAS MANUFACTURED IN AUGUST OF 2005, EQUIPPED WITH STANDARD SEAT. BMW USA HAS STATED WITHIN THE RECALL THAT THEY DON'T KNOW HOW MANY VEHICLES ARE IMPACTED BY THIS ISSUE AND HAS ONLY ELECTED TO REMEDY THIS ISSUE ON A PREDETERMINED SET OF VEHICLES. THE MANUFACTURER, BMW HAS BEEN NOTIFIED OF THIS SPECIFIC ISSUE, AND PROVIDED NO ASSISTANCE. THEY ADVISED THAT ALL REPAIRS ARE TO BE CUSTOMER PAID, AND HAVE REFUSED TO HONOR THEIR RECALL. AS OF 1/22/2013, THE VEHICLE REMAINS UNREPAIRED AND A SAFETY HAZARD. MANY OTHERS HAVE THE SAME ISSUE, AS DOCUMENTED BY NHTSA COMPLAINTS. BMW STATED CONSEQUENCE OF NON REPAIR: IN THIS SITUATION THE FRONT PASSENGER AIR BAGS WILL NOT DEPLOY EVEN IF A SUFFICIENTLY SEVERE ACCIDENT WOULD OCCUR AND OCCUPANT PROTECTION PROVIDED BY THE SYSTEM WOULD NOT BE POSSIBLE. *TR