I think this is actually a new safety feature update since the Toyota fiasco

In all seriousness, I would approach the dealer and very sternly tell them action needs to be taken and you can't simply wait for another life threatening situation before bringing it back in.

Many things can be overlooked, but safety is not one of them. No excuses for this sort of thing.

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12 X5 M - 06 X5 4.8iS - 03 X5 4.4i - 03 M5 - 02 X5 4.6is - 99 M3 Dinan S3 - 98 M3 - 92 850i-6 - 92 850i - 91 325ix - 89 M3 2.5 - and a few parts cars