Key fob problems
Discussion
I believe they do, the same as my 5 series. It needs a reasonable run to recharge, but if the battery is knacked that won't help much. There is an inernet fix for the 5's key, might be worth a search to see if there's a 3 equivalent, I understand replacement keys from BM can be into 3 figures. If you have the spare it might be worth seeing if that responds differently?
I had these probs on my E46 318 tourer recently. Basically key had died, got recharged but the local indie couldn't recode it (it was unlocking only), so looks like a new key with the duff one for an emergency spare (unlocks the doors manually). The main stealer can furnish with a new key but about 100 GBP or something for the key then maybe a recode. I am budgeting 180-200 GBP knowing bimmer main agents 

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the key fob is intermitantly working on locking/unlocking the car. Ive been told that the battery in the key key charges when in the ignition is this true? Any ideas as to why it is doing this?