2023 Fisker Ocean

On May 8, 2024, the Office of Defects Investigation (ODI) opened PE24013 to investigate reports of inadvertent activation of the automatic emergency braking (AEB) system in model year (MY) 2023 Fisker Ocean vehicles manufactured by Fisker Group Inc. (Fisker). The complaints allege the activation of AEB without an apparent roadway obstruction in the vehicle’s forward path, resulting in sudden vehicle deceleration. This sudden deceleration occurs without adequate warning or input from the driver. The braking applications range from momentary, partial application resulting in rapid loss of speed to full application, which brings the vehicle to a complete stop in the travel lane. ODI sent Fisker an Information Request (IR) letter on May 20, 2024. On June 17 and 19, 2024, Fisker and its affiliates filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code. Fisker provided an incomplete response to the IR on July 1, 2024. Limited information pertaining to system validation and failure data was provided. Fisker subsequently requested more time to provide additional responsive files due to limited available resources. Fisker sent additional responsive files on September 9, 2024, September 17, 2024, and December 16, 2024, but Fisker’s response did not contain sufficient information for ODI to fully evaluate the alleged safety defect. Further, on December 27, 2024, the Fisker employees with whom ODI had been corresponding informed ODI that all Fisker employees were being “dismissed” as of that date. ODI therefore does not anticipate receiving any further responsive submissions such that it can fully evaluate the reports that led to this investigation. ODI performed phone interviews and sent a survey to consumers to obtain more information and validate the allegations. Additionally, ODI reviewed allegations of the alleged safety defect that were submitted to various online forums. Most of these reports were similar in nature to the reports received by ODI. Some of the reports in online forums appear to be duplicative reports that were also submitted to ODI. Based on the responses received and analysis of similar online reporting, there was no clear trend in the following factors pertaining to the allegations: reoccurrence of events (i.e., single or multiple incidents), speed immediately prior to the event, whether the event concluded in a reduction of speed or a full stop, roadway conditions, and warning immediately prior to the event. To date, between the reports provided by Fisker and complaints made directly to the agency, ODI is aware of over 20 reports alleging inadvertent AEB activation. Before the employees were dismissed, Fisker’s testing done in response to the inadvertent AEB allegations reportedly did not result in any inadvertent AEB activations. The “Manufacturer” and “Total” counts in the above table have been left blank because of a pending request for confidential treatment by Fisker that could not be timely addressed given the company’s status. This information factored into ODI’s investigation and analysis. The available information does not warrant further action at this time.  The closing of this investigation does not constitute a finding by NHTSA that a safety-related defect does not exist. Additionally, the Agency notes that the Vehicle Safety Act states: “A manufacturer’s filing of a petition in bankruptcy under chapter 7 or chapter 11 of title 11 does not negate the manufacturer’s duty to comply with section 30112 or sections 30115 through 30120 of this title,” which include the recall provisions of the Act. The Agency reserves the right to take additional action if warranted by future circumstances. To review the ODI reports cited in the Closing Resume ODI Report Identification Number document, go to NHTSA.gov.

On April 1, 2024, the Office of Defects Investigation (ODI) opened PE24010 to investigate instances of failure to open the door in model year (MY) 2023 Fisker Ocean vehicles manufactured by Fisker Group Inc. Some complaints allege the inability to open the door from either the interior or exterior door handle, resulting in the need to use another door to egress. The investigation revealed that all four exterior door handles are subject to sticking in the extended/unlocked position, which may result in the inability to unlatch the door from either the interior or exterior door handle. The root cause is a dimensional interference between the exterior door handle chassis pocket and door handle, causing friction during handle deployment and retraction. The inability to open and egress from the occupant’s adjacent door presents an unreasonable risk to motor vehicle safety. On June 27, 2024, Fisker filed recall 24V-466 for certain MY 2023 Fisker Ocean vehicles. The recall remedy includes an inspection procedure for all four doors and provides replacement of the outer door handle if a “Not Okay” result is found. 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.

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.