NHTSA Preliminary Evaluation: Loss of Braking Performance in 2023 Fisker Ocean (PE24-001)

PE24-001 at a glance

What is NHTSA investigating in the Fisker Ocean?

From NHTSA’s investigation summary:

On January 11, 2024, the Office of Defects Investigation (ODI) opened PE24001 to investigate instances of loss of braking performance in model year (MY) 2023 Fisker Ocean vehicles manufactured by Fisker Group Inc.

The complaints allege an intermittent partial loss of regenerative braking over low traction surfaces, without alerting the driver.

ODI is aware of six minor crashes and one injury due to this failure.

The subject vehicles utilize a brake blending feature to achieve deceleration.

Upon application of the brake pedal, both the service brake system (friction braking) and regenerative braking system (electric motor negative torque) are applied.

Regenerative braking on low friction road surfaces may result in wheel slippage due to the high motor negative torque.

The vehicle responds by reducing and/or eliminating regenerative braking torque to reduce wheel slip on drive wheels to maintain vehicle stability and steerability.

This reduction in regenerative braking may cause a sensation of loss of braking force (or even vehicle accelerating) that was reported by consumers.

Additionally, the driver may experience an unusual/altered brake pedal feel during loss of regenerative braking events, requiring them to press the brake pedal harder to maintain the expected braking rate.

Upon exiting the low friction road surface, the regenerative braking force is restored.

The initial calibration of the regenerative braking system contained aggressive interventions with a slower recovery in the event of loss of regenerative braking.

In November 2023, Fisker launched an Over-the-Air update (OS1.10 SW).

This update included a recalibration to reduce regenerative braking torque less aggressively and allow torque recovery to occur more quickly.

Based on consumer reports and the data that Fisker provided in response to ODI's inquiry, OS 1.10 SW reduced, but did not eliminate, the sensation of loss of braking force and resulted in stopping distance performance improvements.

Friction braking is always available when the driver presses the brake pedal, and its performance is unaffected by regenerative brake loss.

Fisker's braking system is designed to reach full deceleration even with an unavailable regenerative braking system.

The partial loss of braking force during moderate braking events can be overcome by applying additional pressure to the brake pedal to slow or stop the vehicle.

On August 20, 2024, Fisker filed recall 24V-623 for all 2023 MY Fisker Ocean vehicles produced for the U.S.A.

The recall remedy includes OS 2.2 over-the-air update, which is expected to modify the brake module to enhance the vehicle brake system's ability to adapt to various driving scenarios.

With successful implementation of OS 2.2, a road disturbance will not trigger a reduction in regenerative braking torque.

In view of the recall action being taken by Fisker, ODI is closing this Preliminary Evaluation.

The agency reserves the right to take additional action if warranted by future circumstances.

To review the reports cited in the Closing Resume ODI Report Identification Number document, go to NHTSA.gov.

What is a preliminary evaluation?

Preliminary Evaluation is the first stage of a federal defect investigation. NHTSA reviews complaints, crash reports and manufacturer data to decide whether a safety defect may exist. It can close with no action, be upgraded to an engineering analysis, or end with a recall.

Did this investigation lead to a recall?

Yes. NHTSA lists recall 24V623000 as the result of this investigation: 2023-2024 Fisker Ocean Software and Programming Recall (24V623).

Which vehicles are part of this investigation?

What are Fisker Ocean owners reporting to NHTSA?

NHTSA’s public database lists 884 owner complaints filed since 2020 for the vehicles in this investigation (all components). Complaints are unverified owner reports.

What should owners do?

1. Check your VIN at nhtsa.gov/recalls for any open recall on your vehicle.
2. If you have the problem NHTSA is investigating, take the vehicle to a dealer now and get a repair order, even if the dealer cannot find anything.
3. Keep a log of every time the problem happens: date, mileage and what happened. Photos and videos help.
4. File your own complaint at nhtsa.gov/report-a-safety-problem. Owner complaints are what start and expand investigations.
5. If the problem keeps coming back, talk to a lemon law attorney.

Recalls on the same vehicles

• 2023-2024 Fisker Ocean Autohold Brake System Software Recall (24V865)
• 2023-2024 Fisker Ocean Software and Programming Recall (24V623)
• 2023-2024 Fisker Ocean Electrical Management System Recall (24V499)
• 2023-2024 Fisker Ocean Body Exterior Recall (24V466)
• 2023 Fisker Ocean Electrical Management System Software Recall (24V404)
• 2023 Fisker Ocean Instrument Cluster Recall (24V405)

Can a recall or defect investigation make my car a lemon in California?

Not by itself. What matters is whether a covered defect keeps coming back or keeps your vehicle at the dealer, and a federal investigation or recall is strong evidence that the problem is real.

Under California’s Song-Beverly Consumer Warranty Act, a manufacturer that cannot fix a warranty defect that substantially impairs a vehicle’s use, value or safety within a reasonable number of attempts may have to repurchase or replace it (Civ. Code 1793.2(d)). Within the first 18 months or 18,000 miles, the law presumes a reasonable number of attempts after two repairs of a defect likely to cause death or serious injury, four repairs of the same defect, or more than 30 days out of service (Civ. Code 1793.22(b)).

An owner who prevails can recover reasonable attorney fees and costs from the manufacturer (Civ. Code 1794(d)). You pay nothing, win or lose. We are paid only if you win, and the manufacturer pays our fees, including in settlements. If a case is lost, our firm covers the costs.

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