NHTSA Complaint #11223027 — 2019 BMW X5

THE VEHICLE HAS HAD ERRONEOUS, EXTREME, AND UNEXPECTED BEHAVIORS RELATED TO THE ACTIVE DRIVING ASSISTANT FEATURES. WHERE THE SYSTEM ACTIVATES TOO EARLY, TOO LATE, OR UNEXPECTEDLY. AFTER VEHICLE WAS DELIVERED IN NOVEMBER 2018 THE CAR TOOK AN UNCOMMANDED LEFT TURN NEARLY HITTING THE MOVEABLE CONCRETE BARRIER TRAVELING WESTBOUND ON THE WALT WHITMAN BRIDGE DURING HEAVY RAIN. CAR WAS RETURNED TO THE DEALERSHIP. WAS ADVISED TO TURN OFF ACTIVE STEERING INTERVENTION AS A SUB-FEATURE OF LANE DEPARTURE WARNING. SYSTEM REMAINED OFF. ON JUNE 10TH THE ACTIVE STEERING INTERVENTION WAS REACTIVATED AND PULLED THE VEHICLE INTO ANOTHER LANE OF TRAFFIC THAT WOULD HAVE RESULTED IN A CRASH IF THE DRIVER OF THE OTHER VEHICLE HAD NOT PULLED OFF INTO THE SIDE MEDIAN. THE ACTIVE STEERING INTERVENTION WAS CHECKED 'OFF' AND SHOULD NOT HAVE ACTIVATED AND THERE WERE NO VISUAL CUES THAT THE SYSTEM WAS ON, ACTIVE, AND COULD TAKE CONTROL OF THE VEHICLE. CAR WAS RETURNED TO THE SERVICE DEPARTMENT. SHOP FOREMAN DROVE AND CONFIRMED THE SAME ACTION. TOOK VEHICLE BACK, AND STILL CAN ACTIVATE STEERING INTERVENTION WHEN IT IS IN THE 'OFF' POSITION. SERVICE MANAGER SAID THAT BMW ENGINEERING HAS CONFIRMED THAT THIS IS HOW THE SYSTEM WAS DESIGNED. AUTOMATION THAT WAS NOT PROPERLY DISCLOSED KILLED 300+ PEOPLE IN 2 SEPARATE AIRCRAFT ACCIDENTS. THIS VEHICLE DOES NOT NOTIFY, DISCLOSE OR IN ANY WAY WARN THE DRIVER THAT AN AUTOMATED SYSTEM MAY TAKE CONTROL AND IF THIS IS THE DESIGN OF THE VEHICLE IT IS NOT SAFE AND COULD CAUSE SERIOUS INJURY OR DEATH.