NHTSA announced on Friday that it will hold a public meeting Dec. 17 and take comments until Dec. 12 on its Initial Decision that model year 2007 and certain MY 2008 Mini Cooper S vehicles contain a defect related to motor vehicle safety. Notified of this, BMW said it would not conduct a safety recall and instead has started a service campaign, which NHTSA has rejected, the notice stated.
The alleged defect is in the vehicles’ exhaust pipe tips. NHTSA said its Office of Defects Investigation (ODI) and BMW “have received numerous complaints indicating that consumers’ legs have been burned while they access the rear cargo area of the subject vehicles via the rear hatchback shortly after the vehicles have been driven. As reflected by the complaints, people accessing the cargo area naturally place their legs at the rear of the vehicle. People are burned as they inadvertently contact either of the two hot exhaust pipe tips while removing items from, or placing items in, the rear cargo area. Some of the burn injuries are significant second degree burns, causing blistered skin or scarring, often in a half-moon shape pattern matching the approximately 2 3/4-inch diameter of the exhaust tips.
It would appear that this is an issue for the 2007 and early 2008 R56 MCS.
ODI advised BMW by letter on Oct. 10, 2008, of its belief that the subject vehicles contain a safety-related defect in the exhaust pipe tips within the meaning of the National Traffic and Motor Vehicle Safety Act, and there ODI requested BMW to initiate a safety recall, notifying all owners, purchasers, and dealers of the defect and providing a free remedy for each of the subject vehicles. In its Oct. 27, 2008, response, BMW “declined to conduct the safety recall stating it is not warranted and informed NHTSA that, in the interest of customer satisfaction, it had instituted a Service Campaign concerning this issue.”
No need to rehash old news in the comments. But it does look like this is something that your dealer will be taking care for you under warranty. If not now then fairly soon it would seem. Please let us know your experience in the comments.[ NHTSA, BMW Fighting Over Mini Cooper Recall ] OHSonline.com