BMW to Pay $3 Million in Civil Penalties for Untimely Reporting of 2010 Recalls

The Center for Auto Safety is the nation’s premier independent, member driven, non-profit consumer advocacy organization dedicated to improving vehicle safety, quality, and fuel economy on behalf of all drivers, passengers, and pedestrians.

NHTSA 01-12
Date: February 10, 2012
Contact: Karen Aldana. Tel: Phone: 202-366-9550

WASHINGTON, D.C. – The National Highway Traffic Safety Administration (NHTSA) today announced that BMW of North America, LLC has agreed to pay $3 million in civil penalties in response to the agency’s assertion that the automaker failed to comply with requirements of the National Traffic and Motor Vehicle Safety Act that it report safety defects and noncompliances to the federal government in a timely manner.

“It’s critical to the safety of the driving public that defects and recalls are reported in short order,” said NHTSA Administrator David Strickland. “NHTSA expects all manufacturers to address automotive safety issues quickly and in a forthright manner.”

Federal law requires all auto manufacturers to notify NHTSA within five business days of determining that a safety defect or noncompliance exists and to promptly conduct a recall. NHTSA’s examination of 16 BMW recalls issued in 2010 found evidence of a number of instances where the automaker failed to report safety defects to the agency in accordance with federal law. As part of today’s settlement, BMW of North America, LLC and its parent company Bayerische Motoren Werke AG agreed to make internal changes to its recall decision-making process to ensure timely reporting to consumers and the federal government in the future.

In December 2010, NHTSA launched an investigation to determine when BMW first learned of defects and noncompliances related to several motorcycle and vehicle recalls and whether the company notified NHTSA in a timely manner. NHTSA’s investigation led the agency to believe that BMW had not fulfilled its obligation to report a known safety defect within five days, as is required under the law. The fines will be paid into the Treasury Department’s General Fund.

Click here to view the settlement agreement