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Old 08-15-2009, 10:24 AM   #1 (permalink)
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Key replacement - California

Several threads about how difficult and expensive it is to get a smart key replaced. Found the following concerning key replacement in California:

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Key Codes. SB 1542 gives motorists a convenient and secure option for getting replacement keys when theirs have been lost, stolen, or damaged. Automakers must provide, at any time, the key codes necessary for a licensed and registered locksmith to make a replacement key for vehicles sold or leased in California on or after January 1, 2008. Exceptions include automakers that sell fewer than 2,500 vehicles annually, and manufacturers that make their own keys—i.e. BMW and Mercedes-Benz— who have until 2013 to comply with the law provided that, in the interim, they send a replacement key by overnight mail.
Can anyone in California verify the part about having to send a replacement key via overnight mail?

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Old 08-15-2009, 11:46 AM   #2 (permalink)
 
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Here's the relevant language from Vehicle Code section 9954(d)(1) (SB 1542, Stats. 2006, ch. 433):

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(d) (1) This section does not apply to a vehicle line of a motor vehicle manufacturer that on January 1, 2006, does not provide for the production of a replacement key or other functionally similar device that allows the vehicle to be entered, started, and operated, by anyone other than the
vehicle manufacturer itself and only itself, provided that the vehicle manufacturer operates a telephone or electronic request line 24 hours a day and seven days a week, and upon a request of the registered owner or family member of the registered owner of the vehicle, a replacement key or other functionally similar device that will allow the vehicle to be
entered, started, and operated, is furnished to the registered owner at a reasonable cost within one day of the request or via the next overnight delivery. (emphasis added)
Full text of the statute can be found here: http://leginfo.ca.gov/pub/05-06/bill..._chaptered.pdf

I have heard that the replacement cost for the smart's key is something like $200 or more (I have not confirmed this). Because the Legislature did not define "reasonable cost," Daimler's charge of $200+ or whatever it is could be "reasonable" under the circumstances -- I don't think anyone's challenged them on this yet.

Last edited by Smart Enuf; 08-16-2009 at 09:56 PM. Reason: Added statutory link
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Old 08-15-2009, 12:19 PM   #3 (permalink)
 
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And I thought it was bad that a programmed key for the PT Cruiser cost $70........
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Old 08-16-2009, 06:23 AM   #4 (permalink)
 
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I don't see how Smart would be able to satisfy that condition, because I think they get the key blanks from France.

We lost one key. It cost well over $300 total to get it replaced. They had the fob end on hand (which alone is around $150) but they had to send to France for the two blanks (which cost around $70). It took a week for those to come in. Then it was another $100+ for programming both keys with a new code.

Supposedly, if you lose BOTH keys, it's even worse because they need to replace the computer brain in the car. Supposedly $1800, which is crazy...
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Old 11-27-2011, 09:29 PM   #5 (permalink)
 
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Ca sb 1542

So has anyone heard of a resolution to this issue? After reading the whole bill I get the impression that Smart should have to provide a way to enter, start and operate the car within 48 hours at a reasonable cost.

I recently lost my only key and went through the whole ordeal of getting new expensive keys, my car towed 100 miles etc... they wanted to replace the SAM unit and am quite pissed at Smart over this whole "security" system.
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Old 11-27-2011, 10:38 PM   #6 (permalink)
 
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~KISS~This is how its done at my house~Double Blind Bad Guy Proof~

1) Bought the two Extra Key matching set from the dealer for $48.00 Total...
2) Put one of the extra metal keys under the Hood Flap (it is weather proof)...
3) Hide one of the original Buttoned Keys inside the car. Its safe, hidden & weather proof. You will "NEVER" be able to not get in and drive your car, even if you lose the Buttoned Key in your pocket when your out of town...
4) The main driver has the 2nd Button Key for normal access & driving, and the other extra metal only key is carried by another person or hung on a hook in the house as one more failsafe...
5) The owners will always have full access to the car, and never be stranded when out and about, and you will "ALWAYS" be able to get a New Buttoned Key made if one is lost... What good is it to have the 2nd Buttoned Key sitting at home on the Hook or another person carrying the Buttoned Key if your in another town... The car won't work without a Buttoned Key, so the 2nd Buttoned Key is where it will be most needed if your Buttoned First Key is lost when your out with your car. (you will "NEVER" Fear Being Lost Key Stranded Again)...
~Note: Lost Buttoned Key when your out, your Screwed. "Keep" The 2nd Buttoned Key In The Car, And Be Happy...
~Note: What ever happed to the days when you could buy all the Extra keys you wanted for your car for $.50 cents each...!!!...<:-((

Last edited by Brabus007; 11-28-2011 at 07:52 AM.
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Old 11-27-2011, 11:08 PM   #7 (permalink)
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Quote:
Originally Posted by king_dinosaur View Post
So has anyone heard of a resolution to this issue? After reading the whole bill I get the impression that Smart should have to provide a way to enter, start and operate the car within 48 hours at a reasonable cost.

I recently lost my only key and went through the whole ordeal of getting new expensive keys, my car towed 100 miles etc... they wanted to replace the SAM unit and am quite pissed at Smart over this whole "security" system.
as you should be - the system is completely rediculous All that needed is a 12-15 digit code that your dealer can download from the mother ship. They way it's set up is NOT smart. GREAT legislation -- I hope it turns around their convoluted thinking.
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Old 11-28-2011, 12:00 AM   #8 (permalink)
 
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Quote:
Originally Posted by king_dinosaur View Post
So has anyone heard of a resolution to this issue? After reading the whole bill I get the impression that Smart should have to provide a way to enter, start and operate the car within 48 hours at a reasonable cost.

I recently lost my only key and went through the whole ordeal of getting new expensive keys, my car towed 100 miles etc... they wanted to replace the SAM unit and am quite pissed at Smart over this whole "security" system.
My two cents: smart's current key and SAM replacement policy is arguably illegal in California under SB 1542. My understanding is that if smart has to replace a key, it costs a certain amount (I think I read around $200). But if a person lost both keys, smart requires replacement of the entire SAM unit or something like that, plus replacement of both keys, for a total cost upward of $1200 or so. This SAM replacement policy seems to run afoul of SB 1542 as follows.

Under SB 1542, most car companies are subject to the requirement that they make the codes for creating a functional key available 24/7 to authorized locksmiths so that the car dealer is not the only source for replacement keys. However, there is a grandfather clause in Vehicle Code section 9954(d) that exempts manufacturers who made, as of Jan. 1, 2006, what was called the "BMW-model key system." This is the type of key that manufacturers allowed no one to duplicate except themselves. It looks as if smart falls into this category of manufacturers and therefore is not required to provide key codes to registered locksmiths.

Having said that, section (d) still provides:

Quote:
(d) (1) This section does not apply to a vehicle line of a motor vehicle manufacturer that on January 1, 2006, does not provide for the production of a replacement key or other functionally similar device that allows the vehicle to be entered, started, and operated, by anyone other than the vehicle manufacturer itself and only itself, provided that the vehicle manufacturer operates a telephone or electronic request line 24 hours a day and seven days a week, and upon a request of the registered owner or family member of the registered owner of the vehicle, a replacement key or other functionally similar device that will allow the vehicle to be entered, started, and operated, is furnished to the registered owner at a reasonable cost within one day of the request or via the next overnight delivery.
It would make little sense if this law were interpreted to allow a car company to comply by providing a replacement key, as required in subsection (d), but then effectively make that replacement key useless to the driver by also requiring replacement of the entire SAM unit. It would negate the legislative intent in enacting SB 1542:

Quote:
It is the intent of the Legislature, in enacting this act, to give motorists better access to this necessary information, while at the same time protecting the security of that information and the vehicle. This act is intended to allow appropriate vehicle security while providing essential and necessary consumer access.
If it were me and I was faced with having to replace the SAM because both keys were lost, I'd be tempted to take smart to small claims court after paying for the SAM replacement, claiming violation of SB 1542 as grounds for my cause of action. A court may find $150-$200 to replace a key in 24 hours to be "reasonable," but it's hard to imagine that a court would find $1200-$1800 reasonable if both keys are lost, plus the added time beyond the 1 day replacement requirement it most likely would take a dealer to replace a SAM unit.

Last edited by Smart Enuf; 11-28-2011 at 02:38 AM.
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Old 01-02-2012, 11:55 AM   #9 (permalink)
 
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I need some help with a duplicate key.
I still have both of my original keys, however I need one for my parking lot guys. What is the best and cheapest way to provide them with a key. They need it to move the car around during the day on the lot.
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Old 01-02-2012, 12:02 PM   #10 (permalink)
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Try contacting SOS Diagnostics, They may be able to help you out for a better price than the dealer. Look in the lower left of the screen under Supporting Vendor Directory
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