2009 Mini Cooper Clubman

I received a recall notice from MINI USA dated July 2023. The recall issue date is in May 2023. The notice states the Footwell Control Module (FRM) can become corroded and can increase the risk of fire or injury. The letter states they do not have a remedy available, but one is in development. That was over a year ago now and no further action has been relayed by MINI USA. All current information on the recall states it is still not something they can remedy as of today, October 30, 2024. The issue included in the recall seems dangerous and has prohibited me from driving the car since receiving the recall notice. Therefore, the car is not able to be used without fear of fire and/or injury. The notice states to file a complaint with the NHTSA if the issue is unable to be remedied within a reasonable period of time. I believe that 18 months is more than reasonable time to have a remedy for this issue and none is forthcoming at this time. Therefore, I am filing this complaint. I am including a sample of the letter that I received rather than the actual one that includes my personal information.

The contact owned a 2009 Min Cooper Clubman. The contact received notification of NHTSA Campaign Number: 23V337000 (Electrical System) however, the part to do the recall repair was not yet available. The local dealer was not contacted. The contact stated that the manufacturer had exceeded a reasonable amount of time for the recall repair. The contact stated while the vehicle was parked, turned on, and unoccupied, there was black smoke coming from the interior of the vehicle. The contact stated the footwell control module located on the driver's side had caught on fire. The vehicle was extinguished by the Fire Department. The vehicle was destroyed as it was consumed by the fire. A fire report was filed, and a fire report number was provided; however, the cause for the failure was not yet determined. A police report was not filed due to the incident occurring on private property. No injuries were sustained. The dealer was not contacted. The vehicle was not diagnosed or repaired. The vehicle was not towed and remained at the incident location. The manufacturer was made aware of the failure and a case was opened. The failure mileage was approximately 95,000. Parts distribution disconnect.

The driver's side footwell is continuously full of water for the past several years. During rain water runs inside the car, from somewhere behind the dash, into the driver's footwell. The Footwell Control Module (FRM) is in water and is actively corroding. The Footwell Control Module is an electronic control unit located behind an interior trim panel in the driver's footwell area. Mini/BMW has already found that this corrosion could potentially result in a short circuit, resulting in a potential thermal event which could increase the risk of fire or injury. For some reason this vehicle is not included in Recall Campaign No. 23V-337 for the very same issue. This vehicle has been erroneously excluded from all appropriate MINI recalls. This vehicle was not included in 09V-143 despite the fact that it has factory 15" wheels. This vehicle had an auxiliary water pump fail, 200 miles after the warranty expired, but was not included in 18V-248. It would seem as though it has been erroneously excluded from all recalls because it was custom ordered and imported by the dealer. I am the sole owner of this vehicle, I purchased it new, custom made and imported for me at a dealership in Las Vegas. This vehicle has never been included in any of the recalls despite being affected by all of them.

I recently purchased a 2009 mini cooper clubman. Within three weeks of taking possession of the car, the airbag warning light activated. Upon a diagnostic test, it was determined that the passenger occupancy sensor was malfunctioning. After discussing this with the mini cooper dealer in my area and mini USA, it was acknowledged that this was a well known and documented issue. First generation mini coopers were afforded a safety recall to rectify this safety issue while second generation cars were given an extended warranty. Unfortunately, I am now driving a car outside of the extended warranty that was only offered to the original owner with a faulty airbag system for any passenger in my car. A recall MUST be issued for the second generation mini cooper to hold the company responsible for this faulty design. Owners of these cars are avoiding the $2500 repair bill by installing sensor bypass modules in order to clear the malfunctioning light warning. NHSTA is well aware of this problem as I have read hundreds of issues and concerns in mini cooper forums. Please address this problem as force the recall on the occupancy airbag sensor before a passenger is seriously injured or killed.

The passenger-side airbag is not recognized when a passenger is in the vehicle. Mechanic says this is a known recall for Mini's and has repaired several but my model is not covered under the recall. There has not been an incident or accident to report at this time. I have reached out to Mini and asked them about the recall and they originally said they would fix it bc it was under recall. When I brought the car in they said they couldn't because the recall doesn't cover the R55 model. After months of going back and forth with them, they have concluded that they will only repair at their service cost of $1500.

Following approximately 12 months of slow deterioration, the passenger-side airbag deployment system in this vehicle appears to have become continuously inoperative (red airbag failure annunciator continuously illuminated on instrument cluster in conjunction with continuous illumination of the amber "Passenger Airbag OFF" informational annunciator in the overhead console). Failure now occurs whether passenger seat is empty or occupied, although it previously only occurred when the seat was unoccupied and ambient temperatures were colder (below approximately 40 degrees F). I suspect that the passenger seat occupancy sensor mat is the failed system component due to the slow onset of the problem (continuous illumination of aforementioned annunciators was spurious at first, then intermittent, now continuous). Vehicle has not been submitted to a MINI dealer for diagnosis. However, MINI/BMW has already issued a recall on the passenger seat occupancy sensor mats in 2005-2008 model MINIs, setting the precedent that other model years could be similarly affected as well. Vehicle will not pass Texas state inspection with the airbag failure annunciator illuminated, and therefore cannot be registered. Recommend that MINI/BMW expand the sensor mat recall to include at least their 2009 model year vehicles as well.

PASSENGER SEAT OCCUPANCY SENSOR HAS STOPPED WORKING DURING ALL STATES OF VEHICLE OPERATION. UPON STARTING THE CAR AND WHILE DRIVING, THE PASSENGER AIRBAG LIGHT TURNS ON REGARDLESS OF WHETHER OR NOT A PASSENGER IS IN THE SEAT. IF I WERE TO GET INTO A CRASH, MY PASSENGER SEAT AIRBAG WILL NOT ACTIVATE, LEAVING THE PASSENGER IN THE CAR UNPROTECTED.