BMW and PEIKER ignore a significant safety breach

In 2002, BMW became the first vehicle producer in the world to offer this technology to enable vehicles and mobile telephones to interconnect. This works without the need of a special adaptor and with a broad range of mobile phone models. [1]. Today (October 2011) Bluetooth connectivity has been adopted very widely and is not unique anymore. However the uniqueness of BMW today has turned to an arrear. BMW still installs OEM Bluetooth of Visteon, but both companies have been passed significantly by the competition and, - more important, by the law.

The use of mobile phones while driving a car

In most European countries holding a mobile phone by hands is forbidden by law. These kind of laws do exists for a life saving reason, and are being punished with a ticket when a driver is caught holding a phone while driving a car. The PEIKER Snap-In-Adapters hold a bug [2] which causes that Bluetooth communication is not stable and frequently drop the Bluetooth connection between car kit and mobile phone. The only way to continue the telephone conference is to pick up and hold the phone by hands.

Think like the driver

For car manufacturers features like factory installed Bluetooth car kits are options which are far away from an automotive perspective. For this simple reason car manufacturers purchase this kind of options at a supplier and include the so called OEM product in their vehicles. The OEM supplier is only focused on the specifications of the OEM product, and has no connection with the customer of the car, nor legislation and circumstances of use. The driver however, is being kept responsible to act and behave according to the law. A fine is being issued when the driver is violates the law.

Ultimate responsibility
Most companies which deliver products to customers are desperately seeking for a way to avoid any responsibility. At the company website beautiful stories are being published to encourage ordering features but in the feature documentation all responsibility of appropriateness are being waived. Companies which waive responsibility are probably not aware that the ultimate responsibility is carried by the company which does cause the original problem. This cant be ignored. In the situation where customers have to start a legal complaint against the car manufacturer to make themselves heard will suffer from an army of lawyers which are being paid by the same car manufacturers to delay and discourage communication. Mr. Stephan N. - product manager at BMW AG and Mr. Patrick H. Quality manager of PEIKER - have been informed about this situation but both are ignoring the ultimate responsibility and by doing so infringe the European law. Dr. Bernhard K. employee of BMW AG legal department is aware of this situation but refuses to interfere.

1 2

Source: http://www.bmw.com/com/en/insights/technology/technology_guide/articles/bluetooth_interface.html

http://www.scribd.com/doc/59110574/Meldung-Produktfehler-Peiker

Conclusion
Car manufacturers are legally responsible for all parts which are delivered with the car. When certain features do not work correctly and possibly provoke the driver to hold the phone by hands, its the car manufacturer and the OEM supplier which are fully responsible for the consequences regarding the European law about liability of defect products 85/374/EEC 3.

http://europa.eu/legislation_summaries/consumers/consumer_safety/l32012_en.htm