Black Box in Bimmers

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#1
[thumb] Hey there fellow gearheads and bimmer dreamers, first and foremost Happy New Year to all ya'll. I was wondering if anyone knew if BMW put the dreaded Black Box's into the bimmer. Black Box's were supposedly installed to track speeds and other vital information during crashes and have been used in courts to determine speeding violations as well as used by rental car companies to track illegal cross-state and out of country usage of their vehicles. If BMW has put them in I was wondering which model year was the first Black Box installed. Thanks in advance, I'm in the process of installing a Megellan Roadmate GPS Navigation system and was just curious about any other instrumentation already installed in bimmers. Happy Motoring...
[driving2]
 

zman

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#3
I think it does, but truely I don't know where.

No matter if it has the black box or not, I don't think BMW or any dealer would give out the data. They are usually proprietary. I am sure someone will say "I bought the car! It means I have the right to have the info." The answer is "You bought the car and the hardware within the car, but the data is not really yours".
 
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#5
Big Daddy said:
As of 1997 they did not. I know this because of a court case that both BMW and I were involved in.
[thumb] Hey Big Daddy, pray-tell, could you elaborate on this issue... Details, details if you care to share with the forum. Thanks in advance. Happy Motoring.
[driving2]
 
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#6
I don't believe it is a separate "Black Box", it's just an addition to the existing ECU "features". I do know that the later E46 models store the maximum RPM, don't know about speed, etc.
 
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#7
Kirby said:
I don't believe it is a separate "Black Box", it's just an addition to the existing ECU "features". I do know that the later E46 models store the maximum RPM, don't know about speed, etc.
Yeah I believe this is the case. Some manufacturers (I know BMW and Porsche are two) have ECU's that track road and engine speeds in order to determine if a car has been tracked.

I have an article from evo magazine which talks about the extent to which modern ECU's can record the history of a car:

"Friday 6th December 2002

Trackdays: Warranty Killers?

Manufacturers of high performance cars know that the best place to show off their cars' capabilities to potential clients is on a race track. It's the ideal venue to explore the increasingly high limits of modern cars in a controlled and safe environment. However, those clients who are seduced into buying a car after being impressed by it on track may be heavily penalised if they venture onto a circuit in their own car. It seems that the growing number of trackdays is of huge concern to manufacturers and that many will simply invalidate a car's warranty if they suspect it has been on track.

evo spoke to a number of manufacturers to see where you stand if you indulge in a few trackdays. Subaru's UK importer, International Motors, was happy to help with our investigations and reassuringly stated that, 'Using a vehicle on track does not automatically invalidate the warranty.' However, IM also pointed out that abuse or misuse - whether on road or track - will invalidate the manufacturer's warranty.

Exactly what qualifies as 'abuse or misuse' isn't defined. There is also some ambiguity as to what sort of track event is acceptable under the terms of the warranty. IM stated, 'The event must be properly managed and marshalled and the driver of the vehicle must be competent to drive on a track and be under appropriate supervision or instruction.'

The message from Subaru seems to be that trackdays in themselves do not always mean that the warranty won't be honoured, but that individual cases will be investigated if there is a suspicion that the car has been abused. It's an approach echoed by Porsche. A spokesman from Porsche GB told us that trackday use doesn't necessarily invalidate the warranty, but if consumables such as brake discs crack early in the car's life they will look at how the car has been driven before carrying out a repair. Porsche distinguishes between failures that are caused by a manufacturing defect and those caused by abuse and act accordingly.

For those of you who think you're never going to be found out even if you do decide to hit the track, think again. Modern ECUs record virtually every detail of a car's use.

Porsches, for example, data log engine revs (including how many times the limiter has been hit), max speed reached, how many times PSM has been disabled, how many standing starts have been performed and a whole host of other information. Put simply, manufacturers know how you've driven your car and will be able to prove it if necessary.
Mitsubishi takes a more ruthless approach. A spokesman was quite categorical that any Evo VII used on track would no longer be covered under warranty. As the Evo VII is essentially a grey import, even when purchased through an official Mitsubishi dealer, it is not covered by a manufacturer's warranty. However, the UK importer treats it like any other Mitsubishi and sells it with a three-year unlimited mileage warranty. Track use makes this null and void, and once again the ECU and more conventional observation techniques are used to make a judgement on the car's use. Having said that, if you go to a Mitsubishi dealer with an electric window fault they're unlikely to turf you out of the door due to warped brakes.

BMW is also clear that trackdays invalidate its warranty. In the case of the M3 SMG, dealers can tell how often the fastest gearchange mode has been engaged (it wears parts of the transmission more quickly) so over-use could be classed as abuse. The launch control function is also logged by the ECU, so use it sparingly.

TVR takes a more realistic line. A spokesman said it had never turned anyone away who'd experienced problems on trackdays. Obviously, things like brake discs aren't covered, but if the car has been driven 'appropriately' (i.e. as a high performance road car, not a race car) TVR customers won't have to worry about invalidating their warranty.

Our findings suggest that the trackday issue is yet to be fully resolved. Manufacturers want to sell high performance derivatives but don't want to be caught out by countless claims for clutch or gearbox failure. But the truth is that more and more people are turning to trackdays in the light of increased congestion and the proliferation of speed cameras. Manufacturers may look to running officially supported, warranty-friendly trackdays, but until then be sure you know what your car maker's attitude is towards trackdays.

Monday 6th January 2003


Trackday Update

Last month's news story highlighting certain manufacturers' refusal to honour warranties on cars used on trackdays caused a storm of interest. We've received dozens of letters, particularly from angry Evo VII and M3 owners as well as a Caterham owner claiming even his car isn't strictly allowed to be used on track under the terms of the warranty! The good news is that some manufacturers now seem to be taking a more realistic attitude to trackday driving.

The biggest news is that BMW has completely revised its policy and now accepts that many of its models encourage track use and that this shouldn't in itself put the warranty in jeopardy. Which should be a relief to all M3 owners out there. The change of policy came into effect the day after evo went to press. Mitsubishi hasn't changed policy as yet but says it is reviewing the issue and should have a definitive judgement by the time the Evo VIII is launched in March.

Bizarrely, one of the few manufacturers to specifically mention that track use is not covered within the owner's handbook is Caterham. However, the company accepts that its products are marketed as ultimate trackday cars and promises to carry out any repairs which are necessitated by a manufacturing error - whether the failure happens on road or track. As with most other manufacturers questioned by evo, Caterham will not replace parts that have been clearly abused.

The fact that all of the manufacturers we have spoken to have admitted that the trackday issue is something of a grey area demonstrates the need for caution before you decide to take your brand new car on to a racetrack. Defining 'abuse' isn't easy but the sophistication of modern ECUs means that you're unlikely to bully a manufacturer into carrying out a repair that they can prove wasn't necessitated by a faulty component. The implications of engine management systems being 'interrogated' after road accidents is an as yet unexplored area.."

Hope this helps.
 
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#8
[thumb] Thanks Chesty, I appreciate your attention to detail. You provided very insightful and thoughtful information. I was really trying to find out to what extent BMW monitored it's ECU's. I suppose they can tell the temperature of your behind in the seat of your bimmer. Keep providing the outstanding information to the forum. Happy Motoring...[driving2]
 
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#9
Chesty's post hits it on the dot, I'm not too familiar with E36 ECU's (or 5/7/Z's etc for that matter!) But with the E46 (I'm figuring all the models around the late 90's incorporated this) - the ECU tracks a GREAT many facts about your driving that can be pulled and used in a court of law. This is especially common these days in accidents that involve cars that are 'modded' and are changed dramatically outside of how the manufacturer sold it.
 
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#10
Zchild said:
[thumb] Thanks Chesty, I appreciate your attention to detail. You provided very insightful and thoughtful information. I was really trying to find out to what extent BMW monitored it's ECU's. I suppose they can tell the temperature of your behind in the seat of your bimmer. Keep providing the outstanding information to the forum. Happy Motoring...[driving2]
Hey no worries at all; that's what this forum is all about!

I think, in reality, the modern ECU's can record almost every aspect of the way in which your BMW (and most other modern premium cars) is driven. The fact that the M3's ECU records the severity of the SMG shift as well as the number of launch-control starts tells us a lot about how sophisticated they've become.
 
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#11
Hell, even my parents' 2002 Chevy Impala records a snapshot of the vehicle speed, throttle position, engine RPM, transmission gear, brake application, ABS activation, and driver and passenger seat belt use for the preceding x number of seconds if the car's airbags deploy. It clearly states that in the owner's manual.

I think alot of this became pretty standard across the board when OBDII came on the scene.
 

zman

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#12
Section_8 said:
the ECU tracks a GREAT many facts about your driving that can be pulled and used in a court of law.
I would not bet on this without futher research since my friend had tried this with other car and could not do it. Only the car manufacture can usually pull the information out (or, if requested by the authority) and most likely they won't do it. Those information is not for owners to be used in a court of law, but it is for the manufacture to know how the car was used. You may own the car, but those information still belongs to the car manufacture.

It is just like buying a software from Microsoft. IF you read its long license agreement, you don't really own the software, but Microsoft allows you to use it. [read]
 
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#13
I don't think it's quite that clear-cut. A better analogy might be that Microsoft owns the program executable, but YOU, not Microsoft own the user data (DOC files) that you create.

In the same manner, the car manufacturer owns the firmware code of the ECU, but the user data (the speed log, rpm log, etc.) was "created" by the car owner, so I feel that it should at least be available to the car owner.

This will become a court battle in the near future. If I create a Word document for myself as a private individual, when can the court demand that document? Along those lines, when can the court demand ECU data? When does the 5th ammendment kick in related to ECU data?

With sufficient memory in the ECU, virtually anything the ECU senses or communicates to via in-car data networks (CAN bus, I-BUS, etc.) could in theory be logged.
 

zman

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#14
From what I heard, most manufactures concern what IF the data in the 'black box' shows a mal-function (for a lack of better name) of the vehicle which lead to the accident. Then, the manufacture will be responsible for the accident. This is why the manufacture most likely will not cooperate in giving out the data. The data is for them to analyze the car performance/usage which was the original sole purpose of the ‘black box’ at the first place, not defending any legal issue during accident.
 

Big Daddy

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#15
zman said:
From what I heard, most manufactures concern what IF the data in the 'black box' shows a mal-function (for a lack of better name) of the vehicle which lead to the accident. Then, the manufacture will be responsible for the accident. This is why the manufacture most likely will not cooperate in giving out the data. The data is for them to analyze the car performance/usage which was the original sole purpose of the ‘black box’ at the first place, not defending any legal issue during accident.
You are 100% correct, this was the case regarding the accident my 97 Z3 was in. BMW claimed the box did "not" contain specific data as it related to the accident and refused to elaborate.
 
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#16
Big Daddy said:
You are 100% correct, this was the case regarding the accident my 97 Z3 was in. BMW claimed the box did "not" contain specific data as it related to the accident and refused to elaborate.
That's interesting because the paragraph in the owner's manual for my parents' Impala describing this data collection is worded in a way that it suggests in other words that the data may be useful if the car is in an accident.
 

Big Daddy

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#17
Don't know what to tell you, I cannot go into detail (gag order) only say that we were looking for information that would reveal a part failure which was determined to be the cause of the accident according to the reconstructionist. It would not have helped BMW's case should the information had been there or be revealed.
 

epj3

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#18
If you're in an accident at the track or have the typical M3 rev limiter failure, just take one of those huge capacitors from audio systems and zap the shit out of the ECU. Take the sticker off the flash memory and expose it to light.

Justin I think the data is mostly used to protect the manufacturer. In some cases it sounds like it could protect the consumer, like in dan's case.

Stuff like monitoring for track use, transmission mode, etc. makes it more and more useless to buy fast new cars. Kind of retarded to buy a fast car if its too weak to take it!!!!!!!!!!!!!!!!!
 
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#19
epj3 said:
If you're in an accident at the track or have the typical M3 rev limiter failure, just take one of those huge capacitors from audio systems and zap the shit out of the ECU. Take the sticker off the flash memory and expose it to light.
[scratch]BMW Tech reporting in to Service Advisor: "This is the first time I've EVER seen a broken connecting rod take out the ECU!?!?!?!?!?!"
[rofl]
 

zman

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#20
jrt67ss350 said:
That's interesting because the paragraph in the owner's manual for my parents' Impala describing this data collection is worded in a way that it suggests in other words that the data may be useful if the car is in an accident.
IF you take the car to the dealer, the dealer can make the information for usefull purposes as to how the car behaved prior to the accident. From the information, they can collect statistic data for improving future design. The data will not save the car.

Now, imagine IF the data shows that the accident happens because of BMW's bad design. Don't you think you and the court would make BMW pay for the damages? Hell NO! No bussiness would be foolish enough giving out that information. Even if the authority requested the 'back box', there is no one but BMW (or the manufacture) can take the information out. Worst thing the manufacture will 'zap' the information to leave out the evidence and said that the 'black box' had a mal-function and didn't record the data. [kick]

Remember, the 'black box' was not mandated by Fed to be placed in the car. It is there for the manufacture benafits, NOT YOURS! It is not like airplanes which are regulated by FAA in US. Like I said before, the cars and its hardware can be yours, but the data inside the 'black box' is theirs. [nono]
 


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