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NHTSA Closed Its Fisker Ocean Phantom-Braking Probe—but Not With a Finding of No Defect

NHTSA closed its preliminary evaluation of alleged inadvertent braking in 2023 Fisker Oceans, but said closure was not a finding that no safety defect existed.
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NHTSA investigated reports that some 2023 Fisker Ocean vehicles braked suddenly without an apparent obstruction. The agency closed its preliminary evaluation in January 2025, saying the information available did not warrant further action at that time. It also made clear that closure was not a finding that no safety defect existed.

What NHTSA investigated

The National Highway Traffic Safety Administration’s Office of Defects Investigation (ODI) opened Preliminary Evaluation PE24013 on May 8, 2024. It concerned allegations that automatic emergency braking (AEB) activated inadvertently in model-year 2023 Fisker Ocean vehicles, causing sudden deceleration without an apparent roadway obstruction. These were reported allegations; the investigation record does not establish that every event was independently reproduced or confirmed. NHTSA’s opening resume described the scope of the inquiry.

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What the initial figures meant

In its 2024 opening resume, NHTSA listed eight complaints and an estimated population of 6,813 vehicles. The resume included one injury incident and listed no crashes or fatalities in that initial summary. These are figures from the opening snapshot, not a final count of all reports later known to the agency.

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What changed by the time the investigation closed

In its January 16, 2025 closing resume, ODI said it was aware of more than 20 reports alleging inadvertent AEB activation. That later figure counts reports known to ODI, including information from manufacturer submissions as well as complaints sent directly to the agency; it is not a directly comparable replacement for the eight complaints in the opening resume. The closing resume also said Fisker-reported testing, before employees were dismissed, reportedly did not produce inadvertent AEB activations.

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What NHTSA’s closure does—and does not—say

ODI concluded that the available information did not warrant further action at that time and closed PE24013. The agency expressly cautioned that closing the preliminary evaluation was not a finding that no safety-related defect existed. It reserved the right to take further action if future circumstances warranted it.

So the closure is neither a confirmation that the reported braking events occurred as described in every case nor a definitive exoneration of the vehicle. It records the agency’s decision based on the information available when it ended this stage of the inquiry.

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Separate Fisker brake recalls are not the PE24013 remedy

Other Fisker Ocean brake-related records concern different issues. Their existence should not be read as evidence that the AEB allegations were resolved by a software update.

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Record Issue described Remedy or system described How it relates to PE24013
Fisker brake improvement notice, August 14, 2024 A brake-module software issue could produce a different braking feel because of the drag torque control feature. The notice applied to 2023 and 2024 model-year Ocean vehicles manufactured for the U.S. and Canadian markets. An over-the-air OS 2.2 software update was proposed. The notice concerns braking feel and software behavior; it does not identify OS 2.2 as a remedy for PE24013’s inadvertent-AEB allegations. Fisker’s notice filed with NHTSA.
Separate unintended-vehicle-movement recall filing Unintended vehicle movement; the filing described the Automatic Vehicle Hold feature. Fisker said OS 2.0 added Automatic Vehicle Hold: after the brake pedal is depressed while stopped and in gear, it holds the vehicle when the pedal is released and disengages when the accelerator is pressed. The update was delivered over the air. This is a distinct issue, not the AEB investigation or a stated remedy for it. Fisker’s Part 573 filing to NHTSA.
Transport Canada brake-software recall record Fisker Ocean brake-module software. An over-the-air software update remedy is described. It establishes a Canadian recall record for the brake-software issue, not the outcome of the U.S. AEB investigation. Transport Canada Recall 2024-470.
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What Ocean owners should check

The records reviewed here do not establish whether every vehicle has received an applicable update or what recall work remains outstanding on a particular Ocean. Owners should check current, vehicle-specific recall status through the NHTSA recall lookup and, for vehicles in Canada, Transport Canada’s recalls lookup. A recall status check is separate from ODI’s decision to close PE24013.

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