why when driving if my rpm goes pass 5 car says transmission malfunction.

Hello, This is most likely an electrical issue, where a sensor or control unit is failing at higher load. You will certainly need the vehicle scanned professionally to find the error. Be advised, late model BMW's are oddly complicated at times, and you should seek a technician who has ample experience in BMW. See here, and ask for a BMW/Mercede specialist: http://repairpal.com/bmw-within-10-miles-of-springfield-gardens-new-york-11413