NHTSA Preliminary Evaluation: Unintended Vehicle Movement in 2023 Fisker Ocean (PE24-005)

PE24-005 at a glance

What is NHTSA investigating in the Fisker Ocean?

From NHTSA’s investigation summary:

On February 14, 2024, the Office of Defects Investigation (ODI) opened PE24005 to investigate reports of unintended vehicle movement in model year (MY) 2023 Fisker Ocean vehicles manufactured by Fisker Group Inc.

The complaints allege the inability to shift into the park gear and/or vehicle rollaway.

The investigation found that the subject vehicles contain a logic that prevents the engagement of the park gear when the park gear request is made while the vehicle is still moving at low speeds.

In the event the driver requests the park gear prior to the vehicle achieving a complete standstill status, the vehicle rejects the park gear request, displays a visual warning, and shifts into the neutral gear.

Therefore, if the driver does not properly restrain the vehicle prior to exiting (i.e., allow the vehicle to come to a complete stop, then provide a second park gear request and/or engage the parking brake), the vehicle is at risk of freely rolling away in neutral.

ODI found that existing strategies to deter drivers from exiting the vehicle after failing to ensure the transmission successfully engages the park gear have not stopped some from doing so.

The absence of additional mechanisms to mitigate the effects of driver behavior in failing to ensure the park gear was engaged prior to exiting the vehicle constitutes a defect presenting a risk to motor vehicle safety.

ODI is aware of one reported injury due to this safety defect.

On November 15, 2024, Fisker filed recall 24V-865 for all MY 2023-2024 Fisker Ocean vehicles.

The recall remedy is the release of software upgrade OS 2.0.

This software update provides additional robustness to prevent unintended vehicle movement via two major changes.

First, in the event the driver seatbelt is unlatched when the vehicle is traveling at low speeds, logic was added to initiate an automatic, controlled deceleration to bring the vehicle to a standstill.

Once standstill status is achieved, the vehicle will automatically engage the park gear and the electronic parking brake.

Second, OS 2.0 introduced an "Auto Vehicle Hold" feature, which holds the vehicle in standstill by maintaining friction brake pressure when the driver removes their foot from the brake pedal.

This feature prevents the vehicle from rolling under gravity, which therefore helps engage both the park gear and electronic parking brake.

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 24V865000 as the result of this investigation: 2023-2024 Fisker Ocean Autohold Brake System Software Recall (24V865).

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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