NHTSA Office of Defects Investigation
Audit Query AQ15-004: BMW Safety Act Violations
- Closed
NHTSA's Office of Defects Investigation opened Audit Query AQ15-004 on September 24, 2015 and closed it on October 2, 2017. NHTSA's investigations file lists 3 Mini models for it.
Updated daily from NHTSA's investigations file
Key facts
- NHTSA number
- AQ15-004 (also written AQ15004)
- Investigation type
- Audit Query An administrative investigation into compliance with federal vehicle safety requirements, such as reporting Early Warning data on time or carrying out a recall.
- Status
- Closed October 2, 2017
- Opened
- Closed
- Vehicle or equipment manufacturer
- BMW of North America, LLC
- Component
- Structure
- Vehicles and equipment
- 3 Mini models, including the Cooper and Cooper S
A recall appears here only when NHTSA's investigations file links one to the investigation; NHTSA's summary or record can name others.
NHTSA's summary
As NHTSA's Office of Defects Investigation wrote it for Audit Query AQ15-004.
try.vin does not copy NHTSA's investigation documents; NHTSA's investigation record lists the ones NHTSA has published.
In a Consent Order executed on December 17, 2015, BMW of North America, LLC (BMW NA) admitted that it violated the Safety Act by: failing to conduct a timely recall for Recall No. 15V-450; failing to file certain quarterly recall reports in a timely manner; failing to timely notify vehicle owners of the existence of a defect or noncompliance; failing to promptly advise NHTSA of delays with the beginning or completion dates for mailing owner or dealer notifications; and failing to timely submit copies to NHTSA of communications relating to recalls.
As part of the Consent Order, NHTSA imposed a total civil penalty of $40 million against BMW NA for its violations of the Safety Act.
The civil penalty consists of a cash payment, monetary performance obligations, and stipulated penalties.
BMW NA paid the $10 million cash penalty on February 12, 2016.
Failure to comply with the terms of the Consent Order or the Safety Act will result in portions of the stipulated penalties coming due.
The Consent Order required BMW NA to appoint an independent safety consultant to assist BMW NA in developing best practices for complying with the Safety Act and evaluating safety issues under consideration by BMW NA.BMW NA was also required to develop a program to train dealers on the importance of complying with the prohibition on selling unremedied vehicles under recall, improve dealers' access to information necessary to maximize completion of open recalls, and invest in a pilot program to determine whether BMW NA can use data analytics to detect emerging safety defect trends.
The population listed in this closing resume is based on BMW NA's untimely recall and does not include other issues addressed by the Consent Order, which relate to BMW NA's safety processes.
Based on the Consent Order, BMW NA's admissions that it violated the law, and its ongoing performance obligations, this audit query investigation, AQ15-004, is closed. Closure of this AQ has no bearing on the terms of the Consent Order, including BMW NA's ongoing performance obligations or legal obligations, and does not represent a determination by NHTSA as to BMW NA's performance under the Consent Order to date.
Vehicles and equipment listed for this investigation
NHTSA's investigations file lists these vehicles and equipment for Audit Query AQ15-004. A listed model year means only that an investigation names it; it says nothing about any particular vehicle. Model years with a try.vin recall page link to that page's NHTSA investigations section.
What an NHTSA investigation is
NHTSA's Office of Defects Investigation (ODI) looks into possible safety defects in vehicles and equipment, often after owner complaints. An investigation usually starts as a Preliminary Evaluation, or as a Recall Query when it concerns whether an existing recall covers the right vehicles or fixes the problem, and ODI can upgrade it to a more detailed Engineering Analysis. A Defect Petition asks NHTSA to open an investigation, and Audit and Equipment Queries are administrative investigations into whether companies complied with federal vehicle safety requirements, such as reporting, recall and certification rules.
An open investigation is not a finding that a safety defect exists, and NHTSA can close one without a recall.
To see whether a specific vehicle has an open recall, enter its VIN at nhtsa.gov/recalls.
Mini VIN check: decode a VIN to see its year, make and model.
Sources
NHTSA's investigation record for AQ15-004
Investigation details come from NHTSA's investigations file, which try.vin imports once a day. The investigation types are described from the U.S. Department of Transportation Inspector General's May 2023 report on NHTSA's Office of Defects Investigation, NHTSA's petition rules (49 CFR Parts 552 and 557) and NHTSA's Office of Defects Investigation procedures. How try.vin reads NHTSA investigations.