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E46 ZKW Reflector Recall-Open NHTSA Investigation

136K views 95 replies 41 participants last post by  Joanna@MaXpeedingRods 
#1 ·
As most of you know, and from what I gather through several internet sites in addition to my experience, the low beam reflectors on 2003-2004 ZKW HID headlights were made of some material that degraded when subjected to the heat produced by OEM Xenon bulbs. This results in a significant decrease in light output as the reflector became scorched. I don't know the exact ins and outs, but I would imagine that BMW and ZKW were and are aware of the defect as the newer, redesigned headlights do not suffer from this problem.

I called the National Highway Traffic Safety Administration (NHTSA) out of curiosity to see if the problem had been noted and if there was anything in the works to fix the defective parts. The gentleman that I spoke with said that an investigation of the issue was opened in 2009, closed at one point, and has been reopened. I gave him my information, VIN, and a description of the problem and the affected cars, and he told me their engineering staff would be sending me their ongoing investigation report with a questionnaire of sorts for me to return with more information on the issue.

He also told me that the more people who report the issue, the greater the chance of some sort of recall. If you suffer or suffered from the headlight issue and have a few minutes to spare, please call the NHTSA at 888-327-4236 to report a vehicle defect. If you would rather not call, there is the option to fill out an online form. Go to http://www.nhtsa.gov/ and click the blue banner to the right "Report a Vehicle or Child Seat Defect," then choose to File an Online Form and go from there.

Thanks

Ed
 
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#16 ·
The truck delivering my 04 330i ZHP broke down in N. Carolina, about an hour S of Richmond, VA. Picked it up there (long story). The wife and I stopped in Richmond for dinner, then headed home on I-64. As dusk turned into night, I could hardly see and had to pull over to see if the headlamps were actually on. The appeared bright from a glance, but did not project any perceptible beam pattern on to the roadway in front of me. After 2 + hours of straining to see in the twisty mountain roads, I arrived home with a tremendous headache.

I subsequently researched the issue and file complaints with the NHTSA and DOT. I was told by an engineer that the problem that I was going to have was the fact that DOT only regulates that new vehicles (and equipment) and there is no ongoing standard for lighting in terms of maintaining effectiveness over time.

I fought this battle in the forums and with BMW NA to no avail, eventually I sold the car rather than pay a hefty fee for a retrofit or 33% of my purchase price for new lenses.

Ironically, I had a previous 540/6 with the pixel issue on the dash and BMW sent a new unit to a dealership and I only had to pay labor. After that experience, I figured that this issue would be remedied quickly given the obvious safety impact, but to no avail. BMW seems to have changed their strategy in terms of "customer loyalty". If you are very close to the timing of your warranty running out, they will consider making some concession. Otherwise forget about it. Don't even waste your time trying to discuss the difference between wear and non-wear items. The minimum wage worker on the other end of the line most likely doesn't have the capacity to understand you and the supervisor that you will get transferred to will write you off.
 
#17 ·
FWIW: the ZKW lights were installed in 2005 (at least early 2005s, i.e. sedans) cars as well. My 2005 330i (ZHP) has the ZKW lamps and the bowls are finally starting to burn (they were fine when I bought the car a little over two years ago and the service records don't indicate any sort of replacement--guess the PO didn't drive long distances at night very often).

I'm more than a bit annoyed about this, because it has the potential to be a very expensive problem--and because it already has me adjusting my driving habits simply to extend the life of the bowls. All the dumb little issues I had with my 323i seldom bothered me (easy or cheap to fix), but this is a ridiculous design defect. I should also add that I had OEM AL low beam xenons in that car which saw hundreds of hours of use without issue.

So, I've filed a complaint as well. Thanks for getting the ball rolling on this.
 
#19 · (Edited)
Just got off the phone with a lady with the NHTSA. She was able to tell me that BMW issued a service bulletin to somehow correct the issue at the owner's expense, but the head investigator for this issue was not satisfied with the response. She gave me the investigator's name, and a quick google search provided his contact info, so I shot him an email. I'll let you know where this leads.
 
#20 ·
Just got off the phone with a lady with the NHTSA. She was able to tell me that BMW issued a service bulletin to somehow correct the issue at the owner's expense, but the head investigator for this issue was not satisfied with the response. She gave me the investigator's name, and a quick google search provided his contact info, so I shot him an email. I'll let you know where this leads.
please keep us updated on this :thumbup:
 
#21 ·
I have a 2004 325i sedan with the ZKW lights. I had the burnt bowl problem. For what its worth, after researching possible solutions, I purchased new projectors from theretrofitsource.com. I bought the Infinity-type ones. I cannot recall the exact name of them. I was given a link to detailed instructions to retrofit them into the original headlight housing. It took me a week to complete the job but I was able to do it. It is not difficult, just time-comsuming. My cost for the projectors was $175 and about $20 for misc. other items I needed. A dremel tool is also needed. So for under $200 and about 30 hours of my time, I have bright xenons again.

This is not to say BMW should not address and provide a cure for the ZKW's, but only to tell you there are other options to get the lights fixed rather than go buy used bowls or new ZKW's at $1000 each.
 
#27 ·
It seems as if ZKWs and ALs were used interchangeably on HID equipped cars. I've got an '04 sedan with factory original AL lights, while plenty of other '04 330i sedans came with ZKW lights.
 
#37 ·
Bump. Well I think we can all see that the DOT/NHTSA take lighting issues seriously after the recent E46 tail light recall. Many automotive componants are not covered by NHTSA federal motor vehicle safety standards (FMVSS), but lighting (and reflectors) are (FMVSS 108), therefore the NHTSA takes special note of non-compliance issues. Unfortunately, E46 owner's since 2009 paid millions of dollars collectively to pay for the defective ground fault issue with the 6-pin connector, but now some relief is in sight with the recent recall. As stated in here...make your complaint to the NHTSA web site, and in the meantime KEEP YOUR RECEIPTS for any out-of-pocket repairs.
 
#38 ·
Bump. Well I think we can all see that the DOT/NHTSA take lighting issues seriously after the recent E46 tail light recall.
Funny I stopped by local dealer and asked about this recall. They don't have it in their system.
They plugged my key in scanner to see if there are recalls and nothing came out. At least that is what they say. They printed paper with history what was done to my car so far (I am new owner) but they did not want to give me record when I asked for it.
Why would not give me record of my car?
 
#39 ·
Update...

Yesterday I received a letter from the NHTSA stating that there is not enough evidence of 2004 330s with defective headlights to warrant a safety investigation. So apparently there never was an investigation....

I am composing a letter in response to the one I received stating that the issue is not limited to 2004 330s but all E46s (1999-2006). I also want to stress to them that me driving 45 on the interstate at night is more of a safety concern than the tail lights, which have received the appropriate attention. If you want the name and mailing address so you can write as well, PM me.

Keep calling in, sending online complaints, and mailing letters. They are listening, but they need to hear from more people. Be sure to make note of any near misses or accidents due to your lack of visibility at night.

Thanks
 
#40 ·
Update...

Yesterday I received a letter from the NHTSA stating that there is not enough evidence of 2004 330s with defective headlights to warrant a safety investigation. So apparently there never was an investigation....

I am composing a letter in response to the one I received stating that the issue is not limited to 2004 330s but all E46s (1999-2006). I also want to stress to them that me driving 45 on the interstate at night is more of a safety concern than the tail lights, which have received the appropriate attention. If you want the name and mailing address so you can write as well, PM me.

Keep calling in, sending online complaints, and mailing letters. They are listening, but they need to hear from more people. Be sure to make note of any near misses or accidents due to your lack of visibility at night.

Thanks
The VERY KEY POINT is that every owner experiencing a problem report it to NHTSA's complaint database utilizing the complaint form that they provide (their web site). It DOESN'T take hundreds of complaints to get NHTSA's attention necessarily...especially if the component is covered by a federal motor vehicle safety standard (FMVSS), and therefore under NHTSA's authority. Many vehicle components are not (HPFP for example). DON'T GIVE UP!
Remember, NHTSA's main mission is automotive SAFETY, especially with regard to the FMVSS that they are guardians for. They DON'T want to get caught with they pants down.
 
#42 ·
One thing that may help our cause is if when you report, don't limit yourself to a 2004 330 or whatever you have. Tell them you have an E46, and that the problem is found in all E46s from 1999-2006 with the ZKW headlights.
Are the pre-facelift (1999-2001) "single" xenon headlights burning, too? I had thought the issue was limited to the 2002-2005 facelift sedans with bi-xenons manufactured by ZKW.
 
#44 ·
I understand your concern that this defect will drop off of NHTSA's radar screen. However, as one who partially funds NHTSA with my tax dollars, I would prefer to see the agency conduct an efficient investigation based on real data - that is, based on real complaints filed by affected 2002-2005 sedan owners. Exaggerating the scope of the defect by including four unaffected model years doesn't seem like a productive way to keep NHTSA's interest.

Have you posted your appeal to any other enthusiast forums besides this one, such as Bimmerforums, E46Fanatics, or ZHPMafia? You might be able to encourage more 2002-2005 owners on those forums to file complaints.
 
#47 ·
Geez....Now that I'm having to deal with the brake light issue I was :mad: about the possibility about having to deal with another issue that should've already been taken care of by BMW...I just went to double check my '03 325i and, as luck would have it, I have the Bosch frosted lenses, so for once, I don't have to worry about yet another retro-fix. Good luck to any of you who are having to deal w/this issue!
 
#51 ·
I think it depends on where you live too. I live in the middle of nowhere pretty much, and we have very little street lighting. Other areas have enough street lighting that you can often get away without headlights at all.

IMO the fact that BMW updated the projectors from plastic to metal in the E90 is pretty strong evidence that BMW knows there was a problem.
 
#56 · (Edited)
I'm seeing some of the ZKW complaints show up in NHTSA's complaint database. It's perhaps worthwhile to note that NHTSA's original investigation of the E46 tail light issue was initiated by a private citizen E46 owner...he submitted a petition to NHTSA and they accepted it:

http://wheels.blogs.nytimes.com/201...00-bmw-3-series-models-for-faulty-tail-lamps/

Here's a rundown on current recall activity on the car:

http://www.faqs.org/car/bmw-e46-2005/

Submitting a petition to NHTSA:

http://www.nhtsa.gov/Vehicle+Safety...le+Safety+Defects+and+Recalls+Campaigns.print
 
#57 ·
Infield a complaint several months ago and was never contacted in response. It would seem like this issue is a cut and dry case of a design flaw that creates a safety hazard and would therefore warrant a recall. My driver's side headlight has gotten so bad that you can see a brown haze in the projector lens when the light is on. The output is terrible.
 
#58 · (Edited)
NHTSA won't respond to a complaint, but they should respond to a "petition." There should be sufficient details in a petition to give NHTSA something to "bite" on. Such details may include (name redacted) comments from this web sit, other web sites regarding the light problem and references to complaints already filed. NHTSA's main concern would be the safety hazards associated with the defect.

From NHTSA's web site on "petitions":

Any person may submit a petition requesting NHTSA to open an investigation into an alleged safety defect. After conducting a technical analysis of such a petition, ODI informs the petitioner whether it has been granted or denied. If the petition is granted, a defect investigation is opened. If the petition is denied, the reasons for the denial are published in the Federal Register. Similarly, a person may submit a petition requesting NHTSA to hold a hearing on whether a manufacturer has reasonably met its obligation to notify and/or remedy a safety defect or noncompliance with a Federal motor vehicle safety standard. If the petition is granted, a hearing is held to assess the matter and decide what corrective action should be taken. If the petition is denied, the reasons for the denial are published in the Federal Register.

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Aren't there any lawyers in here willing to do a little pro bono work? ;-)
 
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