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HW3 Claim
HW3 Claim

Tesla leadership

22 April 2026

Musk on Q1 2026 Earnings Call: 'Hardware 3 simply does not have the capability'

On the Q1 2026 Tesla Earnings Call of 22 April 2026, Elon Musk publicly admitted that Hardware 3 cannot run Unsupervised FSD. Tesla announced plans to set up "micro-factories" to convert HW3 vehicles to HW4, including camera replacement, and is offering FSD buyers a "discounted trade-in". VP Autopilot Ashok Elluswamy confirmed that HW3 owners will receive a "distilled" v14 version by the end of June 2026.

Hardware 3 simply does not have the capability to achieve unsupervised FSD.

The admission is explicit, and public

On 22 April 2026, during the Q1 2026 Tesla Earnings Call, Elon Musk for the first time publicly conceded that Hardware 3 cannot run Tesla's Unsupervised FSD. The statement is verbatim:

Unfortunately Hardware 3, I wish it were otherwise but Hardware 3 simply does not have the capability to achieve unsupervised FSD. We did think at one point it would have that, but relative to Hardware 4 it has only 1/8th of the memory bandwidth of Hardware 4. And memory bandwidth is one of the key elements needed for unsupervised FSD.

That is a different register from Musk's earlier statements on this subject. In January 2025 he promised a free hardware upgrade. In October 2025 Tesla partly retracted that with "v14 Lite". On 22 April 2026 the phrasing is now: the hardware simply can't do it.

Tesla's new plan: micro-factories, trade-in, camera replacement

On the same call, Musk set out how Tesla intends to address the situation:

For customers that have bought FSD on HW3, we are offering discounted trade-in for cars that have AI4, and also offering the ability to upgrade the car's computer and cameras.

On the scale and logistics:

We're going to have to set up like kind of micro factories or small factories, in major metropolitan areas, in order to do it efficiently.

And on the end state:

I do think over time it will make sense to convert all HW3 cars to HW4.

An important detail from the same call: according to Musk, not only the computers need to be replaced, but the cameras as well:

You also need to replace the cameras, unfortunately, to go to Hardware 4.

Elluswamy confirms v14 Lite timing

Ashok Elluswamy, VP Autopilot, confirmed on the same call that Tesla will release a "distilled" version of v14 for HW3 by the end of June 2026:

Release a V fourteen version for hardware three ... end of June.

Elluswamy added that HW3 users should then be able to "start the drives from Park State" and use "all the features that V14 for HW4 has". This is the same "Lite" promise Tesla announced in Q3 2025, now with a concrete release date attached. It is not a substitute for Unsupervised FSD.

Note on terminology: Tesla used the term "v14 Lite" explicitly on the Q3 2025 earnings call (22 October 2025). On 22 April 2026, Musk spoke of a "distilled version". Both terms have been used by Tesla itself and refer to the same product: a stripped-down variant of v14 for HW3, smaller than the AI4 version.

Why this is a decisive piece of evidence

This piece of evidence closes three legally relevant gaps at once.

1. Tesla itself admits that HW3 is not capable of the promised end product.

The promise made to HW3 buyers, through the 2019 product page and configurator, was that the hardware would be capable of "fully self-driving under nearly all circumstances, twice as safe as the average human driver". Unsupervised FSD is the implementation of that promise. With this statement, Tesla's CEO himself, on an SEC-monitored call under investor liability, confirms that HW3 cannot reach that level. A clearer acknowledgment of non-conformity (Art. 7:17 Dutch Civil Code, Directive 2019/771) is difficult to imagine.

2. Tesla's earlier defence ("waiting on regulation") is definitively untenable.

Tesla's April and May 2025 rejection letters claimed that FSD was contingent on "regulation and development". The Dutch RDW issued the type approval on 10 April 2026. Tesla is now on the record saying: the problem is not regulation, it is hardware we ourselves sold.

3. The proposed remedy shows the scale of the problem and Tesla's own cost estimate.

That Tesla wants to set up "micro-factories in major metropolitan areas" to, in Musk's own words, "convert all HW3 cars to HW4", is not rhetorical. It is an acknowledgment that the scale is so large that the regular service-centre network cannot handle it. Camera replacement is openly mentioned as well. All of this after seven years of promises that software updates would be enough.

All elements for a claim based on non-conformity and/or breach of contract are now publicly established:

  • Promise: Tesla's 2019 product page and configurator (evidence items 1 and 2).
  • Delivery of an unsuitable product: Tesla admits on 22 April 2026 that HW3 "simply does not have the capability" for Unsupervised FSD.
  • No acceptable alternative performance: v14 Lite is a "distilled" version, not the product that was sold.
  • Tesla's own proposed remedy: full hardware replacement ("convert all HW3 cars to HW4"), including cameras.
  • Tesla's defence collapses: the RDW has approved; the problem is not in regulation but in the hardware Tesla sold.

What this does not say

This piece of evidence is about Unsupervised FSD. Tesla's "Supervised FSD" (FSD V14) has been approved by the Dutch RDW for AI4 vehicles. For HW3 vehicles, the promise of "fully self-driving" remains unfulfilled. The distinction between Supervised and Unsupervised is not the legally decisive point here: the promise sold in 2019 was about autonomous driving without human supervision (the configurator phrased it as "twice as safe as the average human driver", a threshold that by definition requires Unsupervised-level capability).

Source verification

The Q1 2026 Tesla Earnings Call was held on 22 April 2026.

Primary source (official recording published by Tesla):

  • Tesla Investor Relations: https://ir.tesla.com/
  • Official webcast "Tesla Q1 2026 Financial Results and Q&A Webcast": https://www.youtube.com/watch?v=qO7T5zgRvXM

The statements quoted above are verifiable in the video. The written transcript will follow with Tesla's 10-Q filing at the SEC.

Secondary coverage with verbatim quotes:

  • https://electrek.co/2026/04/22/tesla-will-build-factories-just-to-retrofit-hw3-cars-it-said-could-do-fsd-but-cant/
  • https://www.notateslaapp.com/news/4031/everything-tesla-announced-during-its-q1-2026-earnings-call-summaryrecap
  • https://www.teslaoracle.com/2026/04/23/tesla-hw3-vehicles-cant-achieve-unsupervised-fsd-v14-lite-to-be-released-by-june-musk-on-q1-2026-earnings-call/
  • https://teslanorth.com/2026/04/22/tesla-confirms-hardware-3-lacks-unsupervised-fsd-capability-plans-hardware-upgrades-and-micro-factories/

Veröffentlicht am 23 April 2026

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