NHTSA Complaint #10824440 — 2008 BMW 328I

THIS IS WELL-DOCUMENTED ON BMW FORUMS. THE ADAPTIVE DRIVER MEMORY LOGIC CAUSES A THROTTLE LAG OF UP TO 1 SECOND. THIS LAG CAN BE TEMPORARILY ELIMINATED BY RESETTING THE THROTTLE BODY ADAPTION. THE UNNECESSARY THROTTLE LAG CAUSES AN UNNECESSARY SAFETY HAZARD BY DELAYING THE CAR'S THROTTLE RESPONSE. BMW SHOULD ISSUE A SOFTWARE UPDATE THAT ALLOWS OWNERS TO PERMANENTLY DISABLE OR LOCK DOWN THE FEATURE. THE PROBLEM HAPPENS MAINLY WHEN THE CAR IS STOPPED AN IN-GEAR. WHEN THE DRIVER DEPRESSES THE ACCELERATOR PEDAL, THE COMPUTER DELAYS THE SIGNAL TO THE THROTTLE BODY BY UP TO 1 SECOND. THIS DELAY INCREASES THE LIKELIHOOD OF A COLLISION BY CAUSING AN THE CAR TO UNNECESSARILY RESPOND IN A MANNER THAT IS DIFFERENT FROM THE DRIVER'S INTENT. THERE IS A 5-STEP PROCEDURE THAT OWNERS CAN FOLLOW TO TEMPORARILY RESET THE THROTTLE BODY ADAPTION, BUT THE COMPUTER EVENTUALLY RE-LEARNS THE UNSAFE BEHAVIOR. BMW HAS REFUSED TO ACKNOWLEDGE THE PROBLEM EVEN THOUGH IT HAS BEEN DOCUMENTED IN SEVERAL BMW MODELS, ENGINES, AND MODEL YEARS, INCLUDING THE 328I, THE 528I, THE 750LI, AND OTHERS. IN MY CASE, I WAS STOPPED IN TRAFFIC AND ATTEMPTED TO ACCELERATE AND CHANGE LANES QUICKLY IN ORDER TO AVOID AN OBSTACLE. THE DRIVER BEHIND ME INTERPRETED THE CAR'S DELAY AS INACTION AND PERFORMED THE SAME MANEUVER, SUBSEQUENTLY CAUSING A REAR-END COLLISION WHEN ANOTHER CAR IN FRONT ALSO ACCELERATED AND MOVED INTO THE OTHER LANE AND CAUSED SEVERAL CARS TO STOP. IF MY CAR HAD RESPONDED APPROPRIATELY WHEN I APPLIED THE ACCELERATOR PEDAL, THE TOW TRUCK BEHIND ME MIGHT HAVE DELAYED HIS ACTION.