This notice sets forth the reasons for the denial of defect petition (DP26-009) submitted by Mr. Jason Rund (petitioner) to NHTSA's Administrator. The petition requests NHTSA (t...
National Highway Traffic Safety Administration (NHTSA), Department of Transportation.
ACTION:
Denial of a petition as moot with Recall 26V525.
SUMMARY:
This notice sets forth the reasons for the denial of defect petition (DP26-009) submitted by Mr. Jason Rund (petitioner) to NHTSA's Administrator. The petition requests NHTSA (the Agency) to initiate a defect investigation to determine if an issue with the rear differential (final drive) assembly of 2022 BMW 540i vehicles is causing the rear wheels to decouple from the drivetrain. Following a technical review of the petition and other information, NHTSA's Office of Defects Investigation (ODI) concluded that that the issues raised do not warrant a defect investigation at this time. Accordingly, the Agency has denied the petition.
FOR FURTHER INFORMATION CONTACT:
Roy Nelson, Vehicle Defects Division D, Office of Defects Investigation, NHTSA, 1200 New Jersey Avenue SE, Washington, DC 20590. Telephone: 202-940-7086. Email:
roy.nelson@dot.gov.
SUPPLEMENTARY INFORMATION:
Introduction
Interested persons may petition NHTSA requesting that the Agency initiate an investigation to determine whether a motor vehicle or an item of replacement equipment does not comply with an applicable motor vehicle safety standard or contains a defect that relates to motor vehicle safety. 49 U.S.C. 30162(a)(2); 49 CFR 552.1. Upon receipt of a properly filed petition, the Agency conducts a technical review of the petition, material submitted with the petition and any additional information. 49 U.S.C. 30162(a)(2); 49 CFR 552.6. The technical review may consist solely of a review of information already in the possession of the Agency or it may include the collection of information from a motor vehicle manufacturer and/or other sources. After conducting the technical review and considering appropriate factors, which may include, but are not limited to, the nature of the complaint, allocation of Agency resources, Agency priorities, the likelihood of uncovering sufficient evidence to establish the existence of a defect, and the likelihood of success in any necessary enforcement litigation, the Agency will grant or deny the petition.
See49 U.S.C. 30162(a)(2); 49 CFR 552.8.
Background Information
On September 1, 2026, The Office of Defects Investigation (ODI) received a petition dated August 5, 2026, requesting a defect investigation into an alleged defect of the “rear differential” on the Model Year (MY) 2022 BMW 540i. The petition itself can be reviewed at
NHTSA.gov
under ODI number 11761650.
Summary of Petition
The petition cites allegations of loss of motive power and inability to hold the vehicle stationary, originating from a severed drive connection between the driveshaft and the rear wheels.
Office of Defects Investigation Analysis
On August 12, 2026, BMW filed Safety Recall 26V525 which addresses the same condition raised in Petitioner's submission and covers certain 2022-2026 840i, 840i xDrive, 2021-2023 540i, 540i xDrive, M550i xDrive, and 2024-2026 750e xDrive vehicles. The subject of recall 26V525 addresses progressive wear leading to potential failure of the connection between the rear driveshaft and the rear differential. Petitioner's Vehicle Identification Number (VIN) falls within BMW's recall scope and is subject to BMW's reimbursement program.
Consequently, Recall 26V525 renders the petition moot. Therefore, ODI is denying this petition. The agency reserves the right to take additional action if warranted by future circumstances. To review the reports cited in the Closing Resume ODI Report Identification Number document, go to
NHTSA.gov.
1.
The authority to determine whether to approve or deny defect petitions under 49 U.S.C. 30162(d) and 49 CFR part 552 has been further delegated to the Associate Administrator for Enforcement.
49 U.S.C. 30162(a)(2)
49 CFR 552.1