Ms. Claire M. tieder of reston, va, submitted a defect petition to the National Highway Traffic Safety Administration (NHTSA) by letter dated January 11, 2004, requesting a defect investigation be conducted into delayed transmission engagement on model year 2004 BMW xi vehicles.BMW's response to NHTSA's information request indicated that certain BMW 3-series vehicles equipped with the GM5 transmission may exhibited a forward 'park' to 'drive' engagement delay from2 to 30 seconds.however, the condition can occur only during a vehicle cold start, after the vehicle has been at rest for more than eight hours.drivers experiencing the delay have learned to take precautionary and compensatory measures.bwm will replace affected transmissions exhibiting the delay, after the condition has been verified, with an improved unit.no alleged crashes, injuries, or fatalities have been reported to either BMW or NHTSA relating to this issue.based on analysis of NHTSA's consumer complaints and BMW's data, the petition is denied.for details, see federal register, vol. 69, no. 91 (May 11, 2004).