Metal Fatigue Fracture in the Chassis – is this a moral issue?

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Call this by any other name - this is [Metal Fatigue]. As an owner from new of a [2001 E46 M3] with just 65k, we owners have had our share of design flaw failures and now this!

First reported internally by ‘BMW TIS Fractures in the rear sub frame’ 10/2003 and subsequently investigated by VOSPA in 2005. This affects the chassis where the rear sub frame (that carries the rear axle) attachment points (4) fractures the surrounding metal of the chassis, caused by the drive train flexing and stressing the chassis resulting in cracks/fractures in the chassis's metal floor.  Metal fatigue failures have no rules as to severity or when things get bad! If this was an aircraft it would be grounded! Just how many affected cars are on the road at this time? Seems many cars are affected in the BMW E46 range, the age ranges considerable; BMW claim few but investigating the likes of Youtube, Forums, trade enquiries etc would provide evidence otherwise.

Talking to VOSPA recently this was investigated two years after BMW issued their internal document. However, a recall wasn’t instigated for two reasons A. it is claimed that ‘noise’ of a failed sub frame attachment would alert the driver and B. NO DEATHS have been attributed to this failure! Hmmmmmm…..

My point is: why manufacturers aren’t enforced to inform owners of these potentially serious issues, before they become tragic? Rather than allowing the manufacturer to practice a non disclosure strategy. At no time, in my car’s service record, has BMW neither alerted me to this matter nor provides an inspection for these cracks! This would be the general case – BMW in this matter will wait instead for the owner (by ‘word of mouth’) to find out or???

BMW will offer a goodwill repair for affected cars brought to their attention, providing that the car is less than 10 years old - good for them!

This design flaw has the potential of catastrophic failure, like metal fatigues failures thaey have no rules as to when it will break; why wait until a death occurs before publically making owners aware? Shouldn’t BMW have a ‘Duty of Care’ and the moral fortitude to at least provide safety checks for this problem and alert owners?

BMW build great cars – I have enjoyed my M3 and plan to keep her - but my experience of their aftercare is ‘sub-poor’ for many documented reasons that I’ve accumulate, this just adds to the list.

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Vauxhalls/Opels sufferred a lot of fatigue cracks in their 80s/90s models. Don't know what the current ones are like, as I keep my distance these days.

You would expect BMW to be better, but they do put a LOT of power through the transmission on some models. If they didn't fit such wide rear tyres there would be less stress on the chassis.

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J had a 1999 E46 328Ci which developed this problem, mileage at the time about 100-110,000 miles. It was only found during a routine service, but did explain the occassional smell of burned rubber. Car handling did not seem to be affected.

This must have been before the goodwill stance by BMW becase I was quoted £5K to repair it by the BMW dealer servicing the car. About the value of the car at the time (2009-ish). Web searches showed that it was a known defect so I suppose I could have argued the toss. Anyway, I had it welded locally for less than one-tenth of that, and went on to use the car another two years or so without drama or excessive tyre wear.

The car was used mainly by me alone or two-up, but once a year it would tow a glider trailer down to southern France or the Pyrennees. On French motorways one can tow at 130 kph, which may have been a factor. 

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Blue328 wrote:

...1999 E46 328Ci which developed this problem, mileage at the time about 100-110,000 miles. It was only found during a routine service

[...]

This must have been before the goodwill stance by BMW becase I was quoted £5K to repair it by the BMW dealer servicing the car. About the value of the car at the time (2009-ish). Web searches showed that it was a known defect so I suppose I could have argued the toss.

The 'goodwill' applied to cars with M52 (excluding B20/B22, but including yours), M54, and S54 engines, up to 100,000 miles, so you may have just been unlucky on that score.  I don't believe it being a 'known' defect would have heped your cause to be honest.  The official repair instructions are available (RA 41 11 400 Replacing rear axle carrier) for those that are not covered by 'goodwill' and don't want a BMW bill for it.

Drama queenery and hyperbole of the OP aside, this is old, old news.  There was a recall for it in the US, in 2003 if I remember correctly.  The OP even discovered for themselves that VOSA investigated it, and Blue328 above even knew about it three years ago, so it's not as if anyone is hiding anything; they were clearly satisfied with the procedures that BMW have in place for dealing with it.  Inspecting the car when in for service (just because they don't tell you, doesn't mean they didn't do it) and having a repair strategy and procedure.

Do BMW, or indeed any manufacturer, have a moral obligation to shout these things from the rooftops?  So long as they have a procedure for dealing with a known issue, I don't believe so. 

 

If I knew what I was getting into, I wouldn't have done it...and I would have been wrong.

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