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OP is from canada, NHSTA and BMWNA won't listen to him. He needs to speak to BMW Canada or the NHSTA equivalent in Canada... but he already said he doesnt want to speak to the govt.
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Canada is in North America so I thought perhaps they have some influence north of the border. Also, the Canadian equivalent to NHTSA (Transport Canada?) might be well aware of the US recalls issued by BMW.
Here's a thread that includes 3 series info in Canada:
http://forums.5series.net/e60-discus...recall-122566/
Also, FWIW, I went through this years ago after buying my 330i from a used car dealer with 107K miles on it. Safety recalls by the NHTSA usually don't have time/mileage limits. After my local dealer telling me my car was not part of the affected VIN range, I called BMWNA and explained that I thought it seemed very likely that my car should be included. After speaking to a few different people, they agreed and authorized the replacement at no cost to me.
I kept it civil at all times and they responded with decency.