# hw3claim.nl > Collective action of European Tesla owners with Hardware 3 and a purchased Full Self-Driving package. Tesla promised the hardware would be capable of fully self-driving. That promise is not being kept. We gather owners worldwide, with Europe at the core. ## Available languages - Nederlands (nl): https://hw3claim.nl - English (en): https://hw3claim.nl/en - Deutsch (de): https://hw3claim.nl/de - Français (fr): https://hw3claim.nl/fr - Español (es): https://hw3claim.nl/es ## Evidence - [Musk on Q1 2026 Earnings Call: 'Hardware 3 simply does not have the capability'](https://hw3claim.nl/evidence/musk-q1-2026-hw3-admission): 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. (2026-04-22) - [Electrek: Tesla is facing $2.7 to $14.5 billion in lawsuits worldwide](https://hw3claim.nl/evidence/electrek-litigation-landscape): On 16 April 2026, Electrek published an overview of over twenty active lawsuit categories against Tesla, with total potential exposure between $2.7 billion and $14.5 billion. The European HW3 Claim is named explicitly, alongside an Australian class action and a US FSD class action certified in August 2025. Tesla has lost its 'corporate puffery' defence before a jury and has since quietly settled at least four Autopilot lawsuits. (2026-04-16) - [Tesla's Dutch FSD page on 11 April 2026: misleading omission](https://hw3claim.nl/evidence/tesla-nl-fsd-page-april-2026): Immediately after the RDW type approval, Tesla updated its Dutch Full Self-Driving product page to announce the new availability. The page claims that 'every Tesla' receives the latest updates and that the system is '7x safer' than a human driver. Not a word about the hardware exclusion of Hardware 3. (2026-04-11) - [Tesla already did this once. They replaced HW2.5 with HW3 for free.](https://hw3claim.nl/evidence/tesla-hw2-hw3-retrofit-precedent): When Tesla acknowledged in 2019 that the existing Full Self-Driving Computer (HW2.5) couldn't deliver full self-driving, they gave FSD buyers a free hardware upgrade. That's their own precedent that the hardware promise required a hardware solution; it supports the liability for HW3. (2026-04-11) - [RDW European type approval Tesla FSD (Supervised)](https://hw3claim.nl/evidence/rdw-type-approval): On 10 April 2026, the Dutch RDW issued European type approval for Tesla's Full Self-Driving (Supervised) system, with provisional validity in the Netherlands. The Netherlands is the first European country to officially permit the system on public roads. (2026-04-10) - [The performance gap between HW3 and AI4: reports from March 2026](https://hw3claim.nl/evidence/hw3-ai4-performance-gap): Independent technical reporting from March 2026 documents a measurable performance difference between HW3 and AI4 vehicles on critical disengagement metrics. HW3 performs approximately 3.75 times worse than AI4. That's a fundamental safety difference for the same product name. (2026-03-12) - [Tesla US Patent US20260017503A1: 'the system inoperable'](https://hw3claim.nl/evidence/tesla-us-patent-hw3): Tesla filed a US patent application describing the mathematical workaround required to run Full Self-Driving on Hardware 3. In that same patent, Tesla acknowledges that this method can render the system 'inoperable' for perception in autonomous driving. (2026-01-21) - [Tesla Q3 2025 Earnings: Tesla partly retracts the retrofit commitment and announces 'v14 Lite' for HW3](https://hw3claim.nl/evidence/tesla-q3-2025-walkback): Nine months after Musk's firm January 2025 commitment, Tesla changed course. On the Q3 2025 Earnings Call in October 2025, Tesla announced that HW3 owners would receive a stripped-down 'v14 Lite' version instead of a full hardware upgrade. (2025-11-03) - [Musk said it himself. 'We will need to replace all HW3 computers.'](https://hw3claim.nl/evidence/musk-q4-2024-earnings): Tesla's own CEO publicly acknowledged during the Q4 2024 Earnings Call that Hardware 3 computers in vehicles where FSD was purchased must be replaced. The top executive confirmed exactly what this initiative is about. (2025-01-29) - [Tesla deleted the blog post that documented the hardware promise. No explanation.](https://hw3claim.nl/evidence/tesla-deletes-blog-post): In August 2024, while lawsuits against Tesla were building, the company quietly deleted the 2016 blog post that stated all Tesla cars have full self-driving hardware. In October 2025, Tesla changed the wording in its Q3 2025 shareholder letter to the legally meaningless "designed for autonomy". A pattern of deliberate evidence removal. (2024-08-24) - [Tesla's own VP said it. HW3 runs a 'smaller model'.](https://hw3claim.nl/evidence/elluswamy-smaller-model): Tesla's VP of Autopilot publicly admitted on X that Hardware 3 vehicles run a 'smaller model' than vehicles with the newer AI4 hardware. Tesla's top FSD engineer confirmed product differentiation himself. (2024-08-21) - [Musk on X, March 2024. "All training is for Hardware 3." Two years later, it's all HW4-only.](https://hw3claim.nl/evidence/musk-tweet-march-2024): On 30 March 2024, Elon Musk stated on X that all FSD training was for Hardware 3 and that HW4 was running in emulation mode. Two years later, FSD was approved by the Dutch RDW, exclusively for AI4. The March 2024 promise was never kept. (2024-03-30) - [The configurator said 'later this year'. That was 2019.](https://hw3claim.nl/evidence/tesla-2019-configurator): The Dutch Tesla configurator in 2019 sold 'Volledig zelfrijdende besturing' (Full Self-Driving Capability) as a paid option, listed specific features, and promised delivery 'later this year'. The only disclaimer mentioned regulation and reliability. Not hardware. (2019-10-10) - [Tesla promised the hardware was enough. It's on their own website.](https://hw3claim.nl/evidence/tesla-2019-product-page): In 2019, tesla.com/nl_NL/model3 told every buyer, unconditionally, that their Tesla's hardware would enable full self-driving in the future. No disclaimer about hardware replacement. No asterisks. Just a promise. (2019-12-09) ## Updates - [This is the claim, and this is the next step](https://hw3claim.nl/updates/this-is-the-claim): We're opening up the claim: what it covers, what you may be able to recover per vehicle, and a new calculator on the homepage. In the preparation we're supported by a renowned law firm, with a litigation funder and a foundation in preparation. The claim starts in the Netherlands; based on the purchase contracts you upload, we're investigating expansion to other European countries. (2026-06-18) - [Tesla's own CEO: "Hardware 3 simply does not have the capability"](https://hw3claim.nl/updates/teslas-own-ceo-hardware-3-simply-does-not-have-the-capabi): On the Q1 2026 earnings call of 22 April, Elon Musk publicly admitted that HW3 cannot achieve Unsupervised FSD. Plus: sign-ups open outside the EU, privacy and terms updated. (2026-04-23) - [One week. 4,000 owners. 40 media. Tesla's answer: "be patient"](https://hw3claim.nl/updates/one-week-4000-owners-40-media-teslas-answer-be-patient): One week after launch: 4,000 verified owners from 29 countries, 40+ media across 16 countries, Hart van Nederland coverage, and expansion to Australia, New Zealand and Canada. (2026-04-20) - [2,000+ sign-ups, and we're just getting started](https://hw3claim.nl/updates/2000-sign-ups-and-were-just-getting-started): Over 2,000 sign-ups from 33 countries in less than three days. VIN is now optional and non-FSD owners are welcome to join. (2026-04-16) - [1,250+ owners in 24 hours](https://hw3claim.nl/updates/1250-owners-in-24-hours): 1,250+ owners from 21 countries have signed up in 24 hours. And you can now follow along live. (2026-04-15) - [Sign-ups now open across the EU](https://hw3claim.nl/updates/eu-signups-open): HW3 Claim now accepts sign-ups from all EU countries. The hardware limitation isn't Dutch. It's European. (2026-04-14) - [HW3 Claim is live](https://hw3claim.nl/updates/hw3-claim-is-live): Today we launch HW3 Claim. After two rejected demand letters to Tesla EMEA NL, it's time to find every Dutch HW3 owner with a purchased FSD package. (2026-04-12) ## Jurisdictions Per country, we map what is happening locally (class actions, regulators). Signing up with us does not create an attorney-client relationship. - [Netherlands](https://hw3claim.nl/jurisdictions/nl): The Netherlands is the first EU country where Tesla FSD (Supervised) has been approved by the RDW. The approval covers only FSD V14, which cannot run on HW3. On HW3 vehicles the promise is not being delivered. This initiative started here. - [United States](https://hw3claim.nl/jurisdictions/us): In August 2025 a federal class action was certified in Northern California regarding Tesla's FSD promise. US owners can register directly with class counsel. We record their registration in the worldwide register. - [Germany](https://hw3claim.nl/jurisdictions/de): Germany is the largest Tesla market in the EU. No certified class actions around HW3 are known, but consumer proceedings through specialist firms are possible. We register German owners in the worldwide register and for EU-level negotiations. - [Austria](https://hw3claim.nl/jurisdictions/at): In Austria, the Vienna-based firm fokus Rechtsanwälte is gathering HW3 cases at kein-autonomes-fahren.at for a planned collective action against Tesla. No lawsuit has been filed yet; the firm is actively building the case file. The initial assessment is free and non-binding. Austrian owners can register directly. We record their registration in the worldwide register. - [Australia](https://hw3claim.nl/jurisdictions/au): A class action against Tesla over the FSD promises is ongoing in Australia. The case is run by Echo Law. Australian owners can register directly with Echo Law. We record their registration in the worldwide register. - [Canada](https://hw3claim.nl/jurisdictions/ca): No certified class action specifically for the HW3 FSD issue is currently known in Canada. We track the situation; Canadian owners can still be counted in the worldwide register. - [United Kingdom](https://hw3claim.nl/jurisdictions/gb): No specific class actions around HW3 are known in the UK. British owners are counted in the worldwide register. The Consumer Rights Act 2015 provides a solid basis for individual misrepresentation claims. ## Pages - Evidence: https://hw3claim.nl/evidence - Updates: https://hw3claim.nl/updates - Jurisdictions: https://hw3claim.nl/jurisdictions - Frequently asked questions: https://hw3claim.nl/faq - About: https://hw3claim.nl/about - Privacy: https://hw3claim.nl/privacy - Terms: https://hw3claim.nl/terms - Contact: https://hw3claim.nl/contact --- ## Full evidence content ### Musk on Q1 2026 Earnings Call: 'Hardware 3 simply does not have the capability' URL: https://hw3claim.nl/evidence/musk-q1-2026-hw3-admission Source: Tesla Q1 2026 Financial Results and Q&A Webcast (official recording) (2026-04-22) ## 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. ## The legal chain is now clean 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/ --- ### Electrek: Tesla is facing $2.7 to $14.5 billion in lawsuits worldwide URL: https://hw3claim.nl/evidence/electrek-litigation-landscape Source: Electrek - Tesla's $14.5 Billion Litigation Landscape (2026-04-16) ## What Electrek published On 16 April 2026, Electrek published an extensive overview of Tesla, Inc.'s legal position. More than twenty active categories of lawsuits, with total potential liability between $2.7 billion and $14.5 billion. The article is based on court filings, jury verdicts, SEC disclosures and earlier reporting by multiple outlets. The European HW3 Claim is listed in that overview under the heading 'Hardware 3 (HW3) Fraud Claims', alongside an Australian class action on the same subject. ## What this means for this initiative This evidence item isn't about Tesla's 2019 promise or Musk's January 2025 admission. Those are covered in separate evidence items. This one shows something different: the position of European HW3 owners isn't isolated. Across three continents, similar proceedings are underway. In the United States, a federal judge in California certified a class action in August 2025 covering all customers who purchased the FSD package since October 2016. In Australia, thousands of owners have joined a similar action. And now there is the European collective gathering through this initiative, with sign-ups from dozens of countries. Tesla is running variations of the same defence in each of these cases. That defence has been substantially weakened since August 2025. ## Tesla's 'corporate puffery' defence has been rejected Tesla's standard defence against marketing-based claims has long been that statements by Musk about fully autonomous driving were mere 'vague statements of corporate optimism'. Legally: 'corporate puffery'. Not binding. Not to be taken literally. In October 2024, a California judge accepted that defence. That is over. In **Benavides v. Tesla** (Miami, August 2025), a jury awarded $243 million to the family of the victim of a fatal 2019 Autopilot crash. Of that, $200 million in punitive damages. Tesla had rejected a pre-trial settlement offer of $60 million, apparently confident the jury would accept its puffery defence. In February 2026, Judge Beth Bloom rejected every one of Tesla's appeal arguments. Electrek reports: > Tesla has quietly settled at least four additional Autopilot crash lawsuits rather than face another jury. Four quiet settlements. That is the behaviour of a company that knows its traditional defence no longer works. ## What this trend means for the HW3 Claim 1. **Tesla's puffery defence has been rejected by a jury.** The same type of marketing statements this initiative relies on (Tesla's 2019 product page, Musk's statements on earnings calls) were dismissed by Tesla in Benavides as non-binding. The jury disagreed. The verdict was upheld on appeal. 2. **Tesla settles when it expects to lose.** The pattern of four quiet settlements after Benavides is a signal. It's the behaviour of a company making risk calculations, not one confident in its case. 3. **The US class action certification creates context.** A federal judge certifying a class action in August 2025 on a 'full-refund theory' for all FSD buyers since October 2016 indicates that this legal theory is gaining judicial acceptance. 4. **Musk's January 2025 admission is part of multiple dossiers.** Electrek explicitly cites that statement as evidence in the HW3 fraud category. The same statement is also part of this case. ## A quote that sets the tone Attorney Brett Schreiber, addressing the Benavides jury, as quoted by Electrek: > Musk made the public a beta test they never signed up for. The jury agreed. It's a framing that applies equally to the HW3 situation: consumers who thought seven years ago they were buying a finished product, and who now discover they were all along part of a development trajectory that for their hardware was never completed. ## Important nuance The figures Electrek cites ($2.7 to $14.5 billion) are an estimate of potential maximum liability, not of awarded damages. The number indicates the scale of Tesla's legal exposure, not the outcome of any specific proceeding. This evidence item therefore serves to show that the European HW3 Claim is part of a broader pattern that courts and juries are taking seriously. It does not serve to predict a specific damages figure. ## Source verification The Electrek article is publicly accessible: - https://electrek.co/2026/04/16/tesla-facing-up-to-14-billion-lawsuits-deep-dive/ --- ### Tesla's Dutch FSD page on 11 April 2026: misleading omission URL: https://hw3claim.nl/evidence/tesla-nl-fsd-page-april-2026 Source: tesla.com/nl_nl/fsd (2026-04-11) ## What Tesla's Dutch page says right now On 11 April 2026, one day after the RDW decision, Tesla published on its Dutch-language FSD page the announcement that Full Self-Driving (Supervised) was 'now legally approved' and available for the Netherlands. The page contained the following claims (translated from Dutch): **Hero banner**: 'Full Self-Driving (Supervised), Now legally approved' **Availability**: > Full Self-Driving (Supervised) is currently available in the United States, Canada, China, Mexico, Puerto Rico, Australia, New Zealand, the Netherlands and South Korea and will become available for other regions in future updates. **Product promise**: > Under your active supervision, Full Self-Driving (Supervised) can intelligently and accurately drive your car. [...] Your Tesla will then bring you safely from your location to your destination by making real-time decisions along the way. **The critical claims**: > Wireless software updates ensure that **every Tesla** benefits from the latest safety improvements. > **7x Safer** than a human driver when Full Self-Driving (Supervised) is enabled ## What's missing is the whole point Tesla's Dutch FSD page mentions nowhere: - That Hardware 3 vehicles receive a different, stripped-down version of Full Self-Driving - That Tesla's own CEO publicly acknowledged in January 2025 that HW3 computers must be replaced - That Tesla's own VP of Autopilot confirmed in August 2024 that HW3 runs a 'smaller model' - That Tesla's own patent application acknowledges that the workaround for HW3 can render the system 'inoperable' - That independent reporting documents the HW3 performance gap versus AI4 at approximately 3.75 times worse on critical safety metrics - That the '7x safer' claim doesn't apply to HW3, which, based on fleet data, likely comes out below the original 2019 promise of 'twice as safe' ## The footnotes don't save it The page itself carries four footer notes: 1. 'Availability of all features is subject to legal approval and other factors, which may take longer in some jurisdictions.' 2. 'The features currently available require active supervision by the driver and do not make the car autonomous.' 3. (About the miles counter) 4. 'Compared to the estimated US average.' (for the 7x claim) None of these footnotes mention hardware versions, product differentiation, or the position of Hardware 3 vehicles. An average consumer reading this page would reasonably assume that the promise applies universally to every Tesla. ## The configurator's new fine print On the configurator (tesla.com/nl_nl/model3/design), Tesla has added a **new** disclaimer during the same period that wasn't present in 2019: > Technical limitations may apply. Consult the user manual and support page for more information. This addition is telling. Tesla has explicitly extended the original 2019 disclaimer with 'technical limitations', but without specifying which limitations, for which vehicles, and how a buyer would know whether their specific car falls within them. The clause asks the buyer to consult the user manual and support page, with no indication where to start. That's the opposite of transparency. The vague 'technical limitations' is precisely where Tesla's knowledge of the HW3 problem should've been shared. Instead there's a vague phrase that effectively fails to inform the consumer. ## This is a textbook misleading omission Article 6:193d of the Dutch Civil Code defines a misleading omission as 'a commercial practice in which material information is omitted that the average consumer needs to make an informed transactional decision'. Tesla's NL FSD page on 11 April 2026 fits this definition literally: 1. Material information exists: that HW3 vehicles receive a different, inferior version of the product 2. That information is omitted: no mention, even in the footnotes 3. The average consumer needs it: to decide whether to buy a Tesla with HW3 (used or new), or to understand what to expect on their current Tesla 4. A consumer aware of the omission would make a different transactional decision This is legally powerful because it's an **ongoing** violation. Unlike the historical 2019 promises (which could potentially be the subject of a limitation period discussion) this omission is happening **now**. It's happening when this page is read, when this summation letter is sent, and at every moment thereafter until Tesla updates its page. ## Every HW3 owner, every used-car buyer, every new customer The misleading omission on Tesla's NL FSD page affects three groups: - **Existing HW3 owners**: who believe they're entitled to the approved version, and aren't warned that they'll receive a 'Lite' - **Potential second-hand buyers**: who, without this information, would purchase a 2019-2023 Tesla on the assumption that FSD is now available - **New Tesla buyers**: who may read the page without realising that the product they're buying only works fully on vehicles with AI4 or later That's exactly what article 6:193d of the Dutch Civil Code was designed for: collective protection of consumers in the market, not merely individual protection after the fact. ## Source verification The page is publicly accessible at tesla.com/nl_nl/fsd: - https://www.tesla.com/nl_nl/fsd --- ### Tesla already did this once. They replaced HW2.5 with HW3 for free. URL: https://hw3claim.nl/evidence/tesla-hw2-hw3-retrofit-precedent Source: Tesla NL support - current policy page (2026-04-11) ## They've done this before In March 2019, Tesla started producing the 'Full Self-Driving Computer 3.0' (HW3). At the same time, Tesla launched a **free retrofit program** for FSD buyers who still had an older Hardware 2.0 or 2.5 computer: - **Buyers with FSD package**: free replacement with the new HW3 computer - **Buyers without FSD package**: paid upgrade (initially approximately $1,500, later reduced to approximately $1,000) Tesla's CEO Elon Musk confirmed this publicly on X/Twitter in July 2019, in reply to researcher Lex Fridman (then at MIT). Dutch tech press reported it in July 2019: Tweakers.net published an article titled '*Elon Musk: Tesla's with HW2+ get free upgrade for FSD by end of this year*' explaining the commitment. The article quoted Musk: > Tesla's own chip is offered for free to Tesla owners who have paid for the Full Self Driving package. It also included a telling observation from Tweakers: '*Tesla has been making promises about this for a long time.*' ## The precedent is clear Tesla acknowledged in 2019-2020 that when a vehicle with a purchased FSD package doesn't have the right hardware to deliver the promised functionality, the manufacturer replaces the hardware at its own cost. That's not an abstract legal theory. It's Tesla's own policy, executed on thousands of Dutch and European vehicles. In April 2026, Tesla faces exactly the same situation with HW3 vehicles. The only difference is the hardware generation. Tesla's own conduct in 2019-2020 establishes that when the hardware can't deliver the promised functionality, the manufacturer replaces it at its own cost. That is Tesla's own precedent, not an abstract legal theory. ## The policy is still on Tesla's own website Tesla hasn't withdrawn this retrofit policy. On its current Dutch-language support page it still states: > If you have purchased Full Self-Driving Capability and have computer 2.0 or 2.5, you qualify for a free upgrade to the Full Self-Driving Computer. Tesla literally acknowledges, on its own current Dutch-language site, that the principle applies to computers 2.0 and 2.5. The factual situation for computer 3.0 is the same: same promise, same buyers, same hardware shortfall. Tesla's own precedent applies; the only difference is that Tesla hasn't yet extended it. ## It happened to this car The initiator of hw3claim.nl had this exact retrofit performed on his Tesla Model 3 on 26 September 2020 at the Amsterdam Tesla Service Center, at no cost. Tesla's own policy in action. Today that HW3 computer has in turn proven insufficient, and Tesla refuses to do the same thing for the step to HW4/AI4. ## Actions speak louder than marketing copy A loose marketing claim can theoretically be dismissed as 'advertising language'. A concrete corporate policy action can't. Tesla: 1. Performed thousands of hardware upgrades at its own cost 2. Publicly justified that policy through its CEO 3. Had that justification confirmed by international and Dutch press 4. Publicly documented the policy on its own support site to this day This isn't a promise. It's **a course of conduct Tesla established themselves**. Walking away from it for HW3 buyers creates an inconsistency that Tesla can't explain. ## Source verification Tesla's own retrofit policy is archived via the Wayback Machine: - https://web.archive.org/web/20200303081441/https://www.tesla.com/support/full-self-driving-computer (3 March 2020) Electrek reported on the free HW2.5 to HW3 upgrade at the time: - https://electrek.co/2019/03/29/tesla-full-self-driving-computer-retrofit-elon-musk/ --- ### RDW European type approval Tesla FSD (Supervised) URL: https://hw3claim.nl/evidence/rdw-type-approval Source: RDW - Explanation of European type approval Tesla with provisional validity in the Netherlands (2026-04-10) ## What the RDW did The Rijksdienst voor het Wegverkeer (RDW) is the Dutch type approval authority. They assess whether vehicle technical systems meet European regulations before they can be used on Dutch public roads. On **10 April 2026**, the RDW issued European type approval for Tesla's **Full Self-Driving (Supervised)** system. The explanation is published at rdw.nl. The Netherlands is the first country in Europe where Tesla's FSD (Supervised) can officially be activated on public roads. According to the RDW, the system was tested for more than eighteen months on the RDW test track and on public roads to reach this approval. ## What the approval covers, and what it doesn't The RDW explanation is deliberately cautious: FSD (Supervised) is explicitly **not** an autonomous system. It's an advanced driver assistance system that operates under the active supervision of a driver. The type approval document specifies a range of conditions, including: - Continuous sensor monitoring of the driver (eyes on the road, hands available for takeover) - It's not permitted to engage in other activities (such as reading a newspaper) while behind the wheel - The driver must be able to take over control at any moment ## Tesla's last regulatory excuse is gone Until 10 April 2026, Tesla could argue in its correspondence with customers that Full Self-Driving was 'still waiting on regulation'. That defence is now off the table. The regulation is in place, at least in the Netherlands. That means one of the two reservations from Tesla's own 2019 disclaimer, 'legal approval, which may take longer in some countries', has now been fulfilled for the Netherlands. Tesla can't hide behind that clause anymore. At the same time: the system the RDW approved is **Full Self-Driving (Supervised)** as Tesla currently delivers it on vehicles with AI4 hardware. Publicly reported figures (see evidence item 8) show that Tesla is rolling out a stripped-down version ('v14 Lite') on Hardware 3 vehicles that performs measurably worse. The RDW approved the system that Tesla delivers to new AI4 buyers, not the Lite version that HW3 owners receive. ## The approval HW3 owners waited six years for, but won't actually get The RDW approval is a pyrrhic victory for HW3 owners who bought the Full Self-Driving package in 2019. The functionality they've waited six and a half years for is now legally permitted on Dutch roads. But the version that'll be rolled out on their own vehicle is different, smaller, and measurably worse than what Tesla delivers to new customers. The combination is legally powerful: 1. Tesla promised in 2019 that every vehicle had 'hardware suitable for full self-driving' 2. Tesla's own CEO, VP, patent, and fleet reports confirm that HW3 can't meet that promise 3. The RDW implicitly confirms, by approving the system only in the AI4 variant, that there's a qualitative difference between what HW3 and AI4 can deliver 4. Tesla can no longer hide behind 'legal approval' This doesn't mean that HW3 owners have no right to compensation. It means their rights are **easier to substantiate than ever**. The only reservation Tesla ever had on paper is now fulfilled, and the defect turns out not to be in the legislation. It's in the hardware. ## Source verification The RDW explanation is publicly available at rdw.nl. --- ### The performance gap between HW3 and AI4: reports from March 2026 URL: https://hw3claim.nl/evidence/hw3-ai4-performance-gap Source: TESMAG - "FSD v13 Wide Release: Is the Performance Gap Between HW3 and AI4 Now Permanent?" (2026-03-12) ## The numbers don't lie TESMAG (teslaacessories.com) published a technical analysis in March 2026 evaluating the difference in performance between Tesla Hardware 3 and AI4, based on fleet-level reports on disengagements (moments when FSD hands control back to the driver because the system can't proceed). The reported figures: - **AI4 vehicles**: approximately **450 miles** between critical disengagements - **HW3 vehicles**: approximately **120 miles** between critical disengagements The ratio is roughly 450 : 120, meaning **HW3 performs approximately 3.75 times worse** on this specific safety-related metric. ## A note on the source These numbers come from reporting by TESMAG, an independent tech publication that follows Tesla fleet data and FSD releases. They aren't numbers Tesla has officially published with its own press release. For litigation it's advisable to use these numbers as supporting evidence (article 160 of the Dutch Code of Civil Procedure), with the primary evidence resting on Tesla's own party statements (the patent, the Elluswamy tweet, Musk's earnings quote). The reason these numbers still carry weight is that they're consistent with what Tesla's own VP Ashok Elluswamy declared publicly in August 2024 and what Tesla's own CEO Elon Musk declared in January 2025: HW3 runs a 'smaller model' and can't deliver the full functionality. The TESMAG report puts a concrete number to what Tesla has already admitted. ## Why Tesla has to use the workaround According to TESMAG's analysis, with quotes from technical developers: > To run v13 on HW3 silicon, Tesla engineers had to 'prune' the neural network and 'quantize' the weights from 16-bit to 8-bit. In plain terms: to run FSD v13 on the HW3 chip, Tesla engineers had to shrink the neural network and reduce its precision by half. This is the same approach Tesla describes in its own patent application US20260017503A1 (see evidence item 7). It's not an experimental optimisation. It's the only way Tesla can squeeze a usable amount of functionality onto HW3. And as the patent itself acknowledges, this approach can render the system 'inoperable' at critical moments. ## Dutch weather makes it worse The TESMAG report contained a specific note on regional variation. Initial data suggested HW3 vehicles lag even more behind AI4 in complex weather: > Initial data suggests HW3 vehicles may be slightly more 'hesitant' in complex Dutch weather conditions compared to the fluid performance of AI4. For Dutch owners this matters specifically: rain, fog, wet road reflections, and autumn leaves are exactly the conditions in which an autonomous driver gets tested. If HW3 performs even worse there than AI4, the safety gap in Dutch practice may be larger than the average number suggests. ## HW3 can't even meet the original 2019 promise In 2019 Tesla literally promised: > Every Tesla is equipped with the hardware needed in the future to make the car fully self-driving under nearly all circumstances, at a level of safety we believe is twice as safe as the average human driver. In 2026 Tesla publishes on its Dutch FSD page (see evidence item 10) a claim that the system is '7x safer' than a human driver, without any hardware distinction. If that figure of 7x applies to AI4 vehicles, and HW3 vehicles perform roughly 3.75 times worse than AI4, then HW3 comes in at approximately **7 / 3.75 = 1.9 times safer**. That's **less than the 2x that Tesla originally promised in 2019**. In other words: Tesla isn't just failing to meet the upgraded 2026 claim on HW3. Tesla is failing to meet even its own original 2019 promise. That's a quantifiable, numerically supported defect in the delivered product. --- ### Tesla US Patent US20260017503A1: 'the system inoperable' URL: https://hw3claim.nl/evidence/tesla-us-patent-hw3 Source: US Patent Application 20260017503 - "Bit-Augmented Arithmetic Convolution" (2026-01-21) ## This isn't marketing. It's a legal filing. US Patent Application 20260017503A1, titled 'Bit-Augmented Arithmetic Convolution', is a patent application filed by Tesla with the USPTO. Patents are **public, certified legal documents**. What Tesla writes in them is submitted to a government agency as a party statement. It's binding in that sense. Not marketing, not a tweet, not a press release. Tesla filed two related patent applications alongside this one: US20260017019A1 and US20260017051A1. All three address the same technical challenge: how to run the newer, larger Full Self-Driving models on the older Hardware 3 computer, which wasn't physically designed for that load. ## The math trick to squeeze FSD onto old hardware Technically, the patent describes a method to split 16-bit numbers into two 8-bit pieces, process each piece separately through the neural network accelerators of Hardware 3, and then stitch the results back together. The goal is to **emulate** the high-precision calculations that AI4 natively supports. This isn't some optional performance boost. It's a mathematical trick to work around a fundamental hardware limitation. Tesla explicitly describes in the patent that this approach has several serious drawbacks. ## Tesla's own words in the patent In the patent text, Tesla acknowledges: > such operations can impose latency so as to degrade a user experience And, specifically about autonomous driving (this is the critical passage): > for perception units of an autonomous driving system, the incurred latency can degrade or even render a system inoperable. ## 'Degrade' and 'inoperable' are Tesla's words, not ours This isn't a vague caveat. Tesla names two concrete consequences: 1. **Degrade**: the system performs worse. 2. **Inoperable**: the system can become unusable. And the application this is about? 'Perception units of an autonomous driving system', exactly the core function of Full Self-Driving. That's the camera and sensor processing that decides whether a pedestrian is crossing, whether a cyclist is beside the vehicle, or whether a traffic light is red. Tesla writes in its own patent application that its workaround for HW3 can render the **safety-critical** part of the system unusable. That's not a warning to competitors. It's Tesla explaining to the USPTO why the invention is non-trivial and why it deserves protection. ## This kills one of Tesla's defences This evidence eliminates one of Tesla's possible defences in one move. In prior correspondence Tesla suggested that FSD is 'still in development' and that software updates will solve the problem. The patent directly refutes that: - Tesla admits there's a fundamental hardware limitation - Tesla admits the workaround (the 'math trick') isn't without risk - Tesla admits the risk affects the most critical part of the system If Tesla's own patent application says that HW3 can render the system 'inoperable', then Tesla can't, in a Dutch legal procedure, argue that HW3 simply receives 'the latest safety improvements'. Those are irreconcilable positions. One of them must be wrong. ## Source verification The patent is publicly searchable via the USPTO database (patents.google.com or uspto.gov). Electrek published the story in January 2026 and quoted the passages verbatim. --- ### Tesla Q3 2025 Earnings: Tesla partly retracts the retrofit commitment and announces 'v14 Lite' for HW3 URL: https://hw3claim.nl/evidence/tesla-q3-2025-walkback Source: Electrek - Q3 2025 Tesla Earnings Call report (2025-11-03) ## Nine months later, a different story On the Q3 2025 Tesla Earnings Call, held 22 October 2025, HW3 came up again. The tone from Tesla leadership was noticeably more cautious than Musk's firm January commitment. Electrek quoted two Tesla executives: **CFO Vaibhav Taneja**: > We've not completely given up on hardware 3. **VP Ashok Elluswamy** (FSD head) then announced: > v14 Lite version for hardware 3. Probably expected in Q2 next year. 'Next year' in October 2025 meant 2026. Q2 2026 is April-June 2026, precisely the period in which this site is launched. ## Two promises that can't both be true These statements hurt Tesla in two ways: **1. A partial retraction of an earlier commitment** On 29 January 2025, Musk declared that Tesla would 'replace all HW3 computers in vehicles where FSD was purchased'. Nine months later, Tesla's own CFO says they've 'not completely given up on hardware 3'. That's the opposite of the January promise. A manufacturer openly walking back a prior commitment on an investor call puts itself in a position where neither promise can be treated as binding, or where both promises were made in good faith but simply not honoured. Either interpretation works in favour of customers who relied on the first promise. **2. 'Lite' isn't what anyone paid for** A 'v14 Lite' version is by its very nature a reduced variant. In 2019 Tesla sold the product 'Full Self-Driving', not 'Full Self-Driving Lite'. Delivering a smaller version with reduced functionality isn't performance of the original agreement. It's an attempted buy-off with an inferior substitute. This isn't a theoretical distinction. Technical press has reported that Tesla builds the 'Lite' version by 'pruning' the neural network and 'quantizing' weights from 16-bit to 8-bit precision. The result is measurably worse: according to reports in March 2026, HW3 vehicles perform roughly 3.75 times worse on the most critical safety metric than AI4 vehicles. ## We don't accept a stripped-down version A core principle of hw3claim.nl is that HW3 owners who purchased the FSD package don't accept a stripped-down version. The promise was 'fully self-driving under nearly all circumstances, twice as safe as the average human driver'. A 'v14 Lite' that performs fundamentally worse than what new buyers receive isn't equivalent to that. That Tesla admits the difference between the full product and the Lite version publicly, in its own Q3 2025 earnings call, makes it impossible for Tesla to later argue that the two versions are 'equivalent' or 'essentially the same product'. ## Electrek's own read on the situation Electrek closed its June 2025 report (four months after the January promise) with the observation that Tesla had still not communicated a plan. After the Q3 2025 call, Electrek wrote in November 2025: > It appears that Tesla is hoping that HW3 owners will change vehicles. In other words: Tesla's strategy appears to be to push HW3 owners onto the second-hand market without taking its own responsibility. That's exactly why this initiative exists, and why 'Lite' isn't enough. ## Source verification Electrek's report on the Q3 2025 earnings call is publicly accessible: - https://electrek.co/2025/11/03/elon-musk-hypes-tesla-8th-gen-ai-chip-but-hasnt-delivered-promised-self-driving-3rd-gen/ --- ### Musk said it himself. 'We will need to replace all HW3 computers.' URL: https://hw3claim.nl/evidence/musk-q4-2024-earnings Source: Electrek - Q4 2024 Tesla Earnings Call report (2025-01-29) ## What an earnings call is Tesla's quarterly earnings calls are public, recorded events where the CEO answers questions from analysts and investors. Statements made there are legally party statements made by Tesla, Inc. on behalf of the company. They carry the same legal weight as a written corporate statement. The Q4 2024 Earnings Call took place on 29 January 2025. On that call, the subject of Hardware 3 and its compatibility with future Full Self-Driving releases came up. Tesla's FSD head Ashok Elluswamy initially gave a reassuring response ('we are not giving up on it'), after which Elon Musk stepped in with a correction. ## The exact words As Electrek quoted it: > The truth is that we will need to replace all HW3 computers in vehicles where FSD was purchased. And then, acknowledging the scale: > That's going to be painful and difficult, but we'll get it done. Now I'm kinda glad that not that many people bought the FSD package. ## Why this matters legally This statement is heavy evidence in four ways: 1. **It's an admission.** Tesla's own CEO acknowledges that the current product (HW3 with purchased FSD) can't deliver what was promised without hardware replacement. That's an admission of non-conformity. 2. **It's specific to FSD buyers.** Musk draws a clear line: the upgrade applies to those who purchased the FSD package. That's exactly the group hw3claim.nl represents. 3. **It is a public admission.** 'We'll get it done' was said on a public investor call. Whether that statement is enforceable in itself is debatable. What it does do is weigh heavily as evidence that Tesla's own CEO knew, as of January 2025, that the HW3 computers in vehicles where FSD was purchased must be replaced. 4. **It comes from the top.** Not a marketing department. Not customer service. Not a press officer. Tesla's CEO confirming the facts on a regulated investor call. ## What Tesla did next (and didn't) Between 29 January 2025 and 11 April 2026, fifteen months passed. During that time Tesla: - **Announced no concrete retrofit plan** (confirmed by multiple Electrek updates between February and November 2025) - **On the Q3 2025 Earnings Call (October 2025)** partially walked back the commitment. CFO Vaibhav Taneja said: 'We've not completely given up on hardware 3.' FSD head Elluswamy announced a 'v14 Lite version for hardware 3' expected in Q2 2026. - **Rejected Mischa Sigtermans's both summation letters on 24 April 2025 and 9 May 2025**, even though Musk's commitment covers his situation precisely. This pattern, promising and then not delivering, is Tesla's second failure. First they didn't honour the original 2019 promise. Now they're not honouring Musk's own January 2025 correction either. ## Source verification Electrek is used as the source here because it's a reputable technology publication that systematically follows and quotes Tesla's earnings calls. The full Q4 2024 transcript is additionally available directly via Tesla's investor relations page (ir.tesla.com). A follow-up article by Electrek, 'Tesla has no plan for HW3 owners 4 months after admitting it won't support self-driving' (2 June 2025), confirms that Tesla hadn't executed Musk's commitment four months later. That makes the January 2025 statement not just evidence of Tesla's knowledge, but also evidence of continued non-performance. --- ### Tesla deleted the blog post that documented the hardware promise. No explanation. URL: https://hw3claim.nl/evidence/tesla-deletes-blog-post Source: Electrek - Tesla deletes blog post stating all cars have self-driving hardware (2024-08-24) ## The original blog post On 19 October 2016, Tesla published a blog post titled "All Tesla Cars Being Produced Now Have Full Self-Driving Hardware". It stated plainly that every vehicle Tesla produced from that point forward contained all the hardware needed for full self-driving capability. No reservation about future hardware replacement. Full self-driving would be enabled through software updates alone. That blog post was the foundation of Tesla's FSD marketing for years. It was the source Tesla itself referenced, journalists linked to, and consumers relied on when making their purchase decision. ## What Tesla did In August 2024, Tesla removed all blog posts published before 2019 from its website. That included the 2016 post that documented the hardware promise. Tesla gave no explanation. Published no replacement statement. Issued no updated position on the hardware suitability of older vehicles. The deletion happened while lawsuits against Tesla over FSD promises to HW3 owners were building in multiple countries. ## Fourteen months later: the wording changes too In the Q3 2025 shareholder letter (22 October 2025), Tesla changed how it described the hardware capability of its vehicles. The original promise read: > All Tesla Cars Being Produced Now Have Full Self-Driving Hardware. The new wording: > Every Tesla vehicle delivered today is designed for autonomy. The difference is legally significant. "Have the hardware needed" is a concrete commitment: the hardware is in there, ready to go. "Designed for autonomy" only says the car was designed with autonomy in mind, without any guarantee that the current hardware is actually sufficient. Electrek reported that this change occurred while class actions against Tesla over the same HW3/FSD promises were being prepared in multiple countries (US, China, Australia). ## Why this is so damaging 1. **It's a pattern.** First delete the blog post (August 2024), then soften the language (October 2025). Tesla isn't trying to fix the problem. Tesla is trying to erase the evidence of the promise. 2. **The evidence doesn't disappear.** The original blog post is archived via Wayback Machine and has been cited and screenshotted by multiple independent media outlets. Tesla's deletion has no legal effect on the validity of the original promise. 3. **The timing speaks for itself.** Deleting while lawsuits are building isn't routine website housekeeping. It's deliberate information control. 4. **It strengthens the misleading marketing argument.** A company that deletes its own promises at the moment it's being held to them is confirming that it knows those promises aren't being met. ## Source verification The original blog post is archived: - https://web.archive.org/web/20240730071548/https://tesla.com/blog/all-tesla-cars-being-produced-now-have-full-self-driving-hardware Electrek article on the deletion: - https://electrek.co/2024/08/24/tesla-deletes-its-blog-post-stating-all-cars-have-self-driving-hardware/ Electrek article on the Q3 2025 language change: - https://electrek.co/2025/10/22/tesla-changes-all-cars-have-self-driving-hardware-wording-as-hw3-lawsuits-loom/ --- ### Tesla's own VP said it. HW3 runs a 'smaller model'. URL: https://hw3claim.nl/evidence/elluswamy-smaller-model Source: Ashok Elluswamy (Tesla VP Autopilot) - X post, reported by NotaTeslaApp (2024-08-21) ## Who Ashok Elluswamy is Ashok Elluswamy is **Tesla's VP of Autopilot**. He's the senior engineer responsible for the Full Self-Driving programme, a direct report to Elon Musk, and speaks in that capacity for Tesla on technical FSD matters. When he makes a statement about how FSD works on which hardware, it's a party statement in the legal sense. ## What he said On 21 August 2024, eight months before Tesla EMEA NL Contact rejected the first summation letter from the initiator of this site, Elluswamy wrote on X in response to a discussion about FSD v12.5 and hardware generations: > We were able to achieve similar performance as the AI4 12.5 release with a relatively smaller model for AI3. And, following up, about what it took to get similar results at all: > Deploying the larger model requires us to implement a few kernels in the compiler to emulate the same operations that are natively supported on the AI4 hardware. ## What that means (and what it doesn't) **What it says**: 1. Tesla developed a **smaller model** of FSD for HW3 (Elluswamy calls it 'AI3', it's the same computer). Not an equivalent model. Not an identical version. A 'relatively smaller' version. 2. The performance is described as 'similar'. Not 'equivalent'. Not 'identical'. NotaTeslaApp, in accompanying commentary, added that it's 'not exactly the same'. 3. To run the larger (full) model on HW3, Tesla has to implement separate workarounds ('kernels') in the compiler that emulate operations which AI4 supports 'natively'. **What it doesn't say**: - Not that HW3 vehicles receive the full FSD model - Not that performance is identical to AI4 - Not that there's no difference in safety or functionality - Not that HW3 can do everything AI4 can ## This is the moment Tesla lost deniability Until August 2024, Tesla could still claim that 'FSD would soon be available for everyone via OTA, on every hardware generation.' With this public statement from its own VP, that changed. From that date on, Tesla publicly knows, and anyone who looks it up publicly knows, that HW3 and AI4 **run fundamentally different products**. Tesla Support rejected Mischa Sigtermans on 24 April and 9 May 2025 with the claim that FSD 'depends on regulation and software development'. That rejection directly contradicts what Tesla's own FSD lead had said publicly eight months earlier. That makes Tesla's response to the summations not just unfortunate. It makes it legally contestable under article 6:193c of the Dutch Civil Code (misleading commercial practice): Tesla issued a standard statement which it knew at the time of giving wasn't true. ## Source verification The X post was reported by the independent Tesla tracker NotaTeslaApp, which published a detailed technical breakdown. See: https://www.notateslaapp.com/news/2204/tesla-hw3-runs-smaller-fsd-model-than-ai4-performance-to-be-similar --- ### Musk on X, March 2024. "All training is for Hardware 3." Two years later, it's all HW4-only. URL: https://hw3claim.nl/evidence/musk-tweet-march-2024 Source: Elon Musk on X (formerly Twitter) (2024-03-30) ## What Musk said On 30 March 2024, Elon Musk responded to a question on X about the relationship between Hardware 3 and Hardware 4 for FSD. His answer: > Hardware 4 will ultimately be better, but all training is for Hardware 3, with HW4 running in emulation mode. ## Why this matters This statement is strong evidence for three reasons. 1. **It's a direct commitment.** Musk doesn't say HW3 is "being considered" or "not completely given up on" (the walkback Tesla would make later in Q3 2025). He says **all** training is for HW3. Not "most of it". Not "some of it". All of it. 2. **HW4 is secondary at that point.** Musk explicitly states that HW4 in March 2024 was running in emulation mode, meaning it was emulating the HW3 model. HW3 was the primary development platform. 3. **The timeline is devastating.** March 2024: "all training is for HW3." January 2025: "we will need to replace all HW3 computers." October 2025: "we've not completely given up on hardware 3." April 2026: RDW approves FSD, exclusively for AI4. In two years, HW3 went from primary development platform to unsupported for the approved version. ## Not a private remark This statement was made on X, publicly, to millions of followers. It's not an internal memo or a leaked email. It's a public declaration from Tesla's CEO to his customer base. Every HW3 owner who in March 2024 was considering keeping their car, renewing their FSD subscription, or buying a new subscription, could and was entitled to rely on this statement. ## The timeline in five steps | Date | Statement | Source | |------|-----------|--------| | 30-03-2024 | "All training is for Hardware 3" | Musk on X | | 21-08-2024 | HW3 runs a "relatively smaller model" | Elluswamy on X | | 29-01-2025 | "We will need to replace all HW3 computers" | Musk, Q4 2024 Earnings Call | | 22-10-2025 | "We've not completely given up on hardware 3" | Taneja, Q3 2025 Earnings Call | | 10-04-2026 | RDW approves FSD, exclusively for AI4 | RDW | In nineteen months, the position went from "all training is for HW3" to "not completely given up on". That's not evolving insight. That's a pattern of promises being systematically walked back. ## Source verification The X post is publicly available: - https://x.com/elonmusk/status/1773882855762047301 --- ### The configurator said 'later this year'. That was 2019. URL: https://hw3claim.nl/evidence/tesla-2019-configurator Source: tesla.com/nl_NL/model3/design configurator (Wayback Machine) (2019-10-10) ## What Tesla was selling On the Dutch Tesla configurator in 2019, 'Volledig zelfrijdende besturing' (Full Self-Driving Capability) was a paid option for the Model 3. Here's what the product description listed: > Navigate on Autopilot: automatic driving from on-ramp to off-ramp on the highway, including interchanges and passing slower vehicles. Auto Lane Change: automatic lane changes while driving on the highway. Autopark: both parallel and perpendicular parking. Summon: your car parks itself and comes to meet you. Directly below that, under **'Later dit jaar verwacht'** (Later this year expected): > Recognition of and response to traffic lights and stop signs. Automatic driving within urban areas. Enhanced Summon: your car comes to meet you from the parking lot automatically. ## 'Later this year' is a deadline, not a wish 'Later this year' isn't vague. It's a **concrete, measurable timeline**. In March 2019, that meant somewhere in the next nine months. In November 2019 (also archived), it still said 'this year', with five weeks left. Anyone who bought the FSD package on 23 November 2019 was entitled to expect those three specific features within five weeks. Six and a half years later, in April 2026, those features still don't work in full form on Hardware 3 vehicles. Tesla only offers a reduced 'v14 Lite' version on HW3. ## The price kept going up The configurator displayed a specific sale price for the FSD package. Throughout 2019 and after, the price changed: - **March 2019**: €5,300 at order / €7,400 after delivery - **October 2019**: €6,400 (single price, Autopilot now standard) - **July 2020**: €7,500 (increased) - **January 2022**: €7,500 The €6,400 price from October 2019 matches exactly the Tesla invoice for a separate FSD purchase in September 2019. That's the purchase behind this initiative. ## The disclaimer they wrote (and the one they didn't) Below the FSD product in 2019, this disclaimer was displayed: > The features currently available require active supervision by the driver and do not make the car autonomous. The activation and use of these features depend on achieving a reliability that significantly exceeds that of human drivers. This will be demonstrated through billions of miles driven and legal approval, which may take longer in some countries. As these features for a self-driving car are developed, your car is continuously improved and updated through wireless software updates. Read it carefully. The disclaimer contains exactly **two** reservations: 1. Reliability, to be proven through billions of miles driven 2. Legal approval, which may vary per country Both have been fulfilled by April 2026. The RDW granted type approval for Full Self-Driving (Supervised) on 10 April 2026. Tesla can't rely on this clause anymore. What's **not** in the disclaimer matters just as much: - No reservation that hardware might need to be replaced - No reservation that older vehicles wouldn't get the features - No reservation about hardware-dependent performance differences - No reservation about reduced or 'Lite' versions The disclaimer actually closes with a confirmation of the delivery mechanism: 'As these features develop, your car is continuously improved and updated through wireless software updates.' Tesla explicitly committed to OTA delivery of the features to existing vehicles. ## The quiet addition they made later The current Tesla NL configurator includes a line that wasn't there in 2019: 'Technical limitations may apply.' That addition is Tesla's tacit acknowledgment that technical limitations exist. But it doesn't say which limitations, for which vehicles, or what a buyer should take from it. The missing specifics are exactly the problem. ## Source verification The configurator page is preserved in the Wayback Machine. All archived 2019 snapshots of tesla.com/nl_nl/model3 are publicly accessible: - https://web.archive.org/web/2019*/https://www.tesla.com/nl_nl/model3 --- ### Tesla promised the hardware was enough. It's on their own website. URL: https://hw3claim.nl/evidence/tesla-2019-product-page Source: tesla.com/nl_NL/model3 (Wayback Machine) (2019-12-09) ## The words on the page On tesla.com/nl_NL/model3 in 2019, a section titled 'Hardware voor volledig automatische besturing' (Hardware for fully automated steering) said this. It didn't change across multiple Wayback Machine snapshots: > Every new Model 3 comes standard with advanced hardware that provides today's Autopilot features and in the future will make the car fully self-driving. Through software updates, the functionality of the system is continuously improved over time. And, under the heading 'The future of Autopilot': > Every Tesla is equipped with the hardware needed in the future to make the car fully self-driving under nearly all circumstances, at a level of safety we believe is twice as safe as the average human driver. (Original Dutch: *'Elke Tesla is uitgerust met de hardware die in de toekomst nodig is om de auto volledig zelfrijdend onder vrijwel alle omstandigheden te maken, wat volgens ons twee keer zo veilig is dan de gemiddelde menselijke bestuurder.'*) ## Why this is the strongest piece of evidence Under Dutch consumer law (article 7:17 of the Dutch Civil Code), what the buyer reasonably expected at the time of purchase is what the seller has to deliver. Tesla's product page was the contractual context for every Dutch consumer who ordered a Tesla in 2019 or bought a separate Full Self-Driving package. Three things make this promise exceptionally hard to wiggle out of: 1. **It's unconditional.** Nowhere on the product page is there a reservation saying the hardware might need replacement later, or that some features would be exclusive to newer hardware generations. The text says 'every Tesla' and 'needed in the future'. Full stop. 2. **It was there for months.** Three separate Wayback Machine snapshots across nine months (March 2019, November 2019, December 2019) show the same text, unchanged. Tesla can't argue it was added later or modified for specific customers. 3. **It's specifically about hardware.** Tesla took an explicit position about the **suitability of the hardware**. Not software. Not abstract future features. Whether the hardware in every Tesla at that time would be sufficient. That's the promise. ## The disclaimer that wasn't there The separate configurator page (see evidence item 2) did include a disclaimer, but about something else entirely: activation and use of features depend on reliability (to be proven through billions of miles driven) and legal approval. Both of those have now been fulfilled. On 10 April 2026, the Dutch RDW approved the new Full Self-Driving (Supervised) functionality. The hardware question, whether the computer in a specific vehicle can physically run the features, is never mentioned as a reservation. Tesla didn't contractually exclude that risk. They just didn't bring it up. ## Source verification The Wayback Machine snapshots are publicly accessible. **Relevant Wayback URLs**: - https://web.archive.org/web/20190323170135/https://www.tesla.com/nl_nl/model3 (23 March 2019) - https://web.archive.org/web/20191111224211/https://www.tesla.com/nl_nl/model3 (11 November 2019) - https://web.archive.org/web/20191209143127/https://www.tesla.com/nl_nl/model3 (9 December 2019) --- ## Full update content ### This is the claim, and this is the next step URL: https://hw3claim.nl/updates/this-is-the-claim Published: 2026-06-18 Things have been quiet here for a bit. Not because nothing was happening, but because we were working hard behind the scenes on preparing the claim. The registry kept growing to nearly 7,000 sign-ups. Time to lay out the full picture: what the claim is, who will pursue it, and what the next steps are. ## What the claim is Tesla sold its cars with the promise that the hardware was suitable for full self-driving. On 10 April 2026, the RDW approved Full Self-Driving (Supervised), but only for the latest hardware (AI4). Vehicles with Hardware 3 and older fall outside that approval. That makes clear that the promised functionality will not be delivered on those cars as promised. That promise was tied to the car itself. In our assessment, a portion of the price you paid is attributable to the promise that the hardware was suitable for full self-driving. That portion of the catalogue value is your possible claim. This applies to every owner of a pre-HW4 Tesla, whether or not you purchased a separate FSD package. Did you purchase the Full Self-Driving package separately? Then a refund of that FSD amount is on top of that. You paid separately for software that is not being delivered on your hardware as promised. ## Calculate it for your own car New on the homepage: a calculator. Enter your licence plate and we automatically fetch model, year and catalogue value from the RDW. Indicate whether you purchased FSD and for how much. You immediately see an indicative estimate per vehicle of what could possibly be claimed for your Tesla. The calculator is built for Teslas registered in the Netherlands. We don't store your licence plate. It remains an estimate, not a promise. The amounts are a substantiated indication, not a figure established by a court, and you cannot derive any rights from them. We deliberately calculate conservatively. ## Supported in the preparation by a renowned law firm In preparing the case we are supported by a respected Dutch law firm. The file is thereby being substantiated from a legal angle and prepared for a possible collective procedure on behalf of the participants. We are also in talks with a specialist litigation funder. What that means for you: the arrangement is designed so that participating costs you nothing up front and that, if the case yields nothing, you pay nothing in principle; that risk sits with the funder. If the case succeeds, the funder retains an agreed-upon share of the proceeds as their fee; the rest goes to the participants. We'll publish the exact percentage once it's confirmed. We can't guarantee an outcome, but this arrangement makes it possible to stand up to Tesla with real weight, without you paying anything up front. ## A foundation that represents your interests To actually pursue the claim, we're preparing to transfer it to a foundation that will conduct the case on behalf of all participants. I'll sit on the board of that foundation myself, specifically to ensure that participants' interests always come first. The foundation operates independently of the funder and has no profit motive. The case is being prepared as a collective action under Dutch law. Once proceedings are pending and a court has ruled on it, we'll explain exactly what that means for you and what choices you have at that point. You'll receive a separate, personal email soon that is specifically about transferring your data to the foundation. Don't want to take part in that? In that email you can object or delete your registration, before the date stated in it. You're not committed to anything and the choice is yours. ## The claim starts in the Netherlands The legal claim is currently focused on the Netherlands. This is where the RDW was first to approve FSD, where the first formal notices were sent, and where the evidence is best substantiated. The registry remains open to owners from across Europe, because Tesla's promise was the same everywhere. Whether we can also pursue the claim in other European countries depends on what we see in the documents. Tesla sold these cars through various entities and with varying terms per country and per period. By collecting and comparing as many purchase contracts as possible, we're investigating whether and how we can extend the claim to other European countries. Your purchase contract helps directly with that. ## Help the investigation: upload your purchase contract In your dashboard you'll find the **Glovebox**, where you can securely share documents with us. For a thorough investigation we need as many **purchase contracts** as possible. By comparing them we can establish, per period and per entity, exactly what was promised and who you contracted with. That matters greatly for the legal route, and it partly determines whether we can extend the claim to other countries. Log in, go to the Glovebox, and upload your purchase agreement (and optionally any invoices or email correspondence with Tesla). Redact personal data that isn't relevant before uploading. Your documents are stored on servers within the EU and are visible only to you and the legal team. ## What the RDW documents show We requested the RDW files under the Dutch Freedom of Information Act (Woo). These show that Tesla itself applied for the type approval for Full Self-Driving (Supervised) in the Netherlands and defined its own scope. The application is dated 5 November 2024. Tesla also designed the test setup: a software model on existing, already-approved vehicle hardware, with Tesla-trained drivers operating within a defined area. The RDW blocked nothing; it assessed exactly the hardware scope that Tesla itself submitted. In that same correspondence, the RDW set as a condition a test vehicle 'with the appropriate specs (hardware [...] or newer)'. Those words 'or newer' confirm that a minimum hardware requirement applied and that older hardware did not qualify. The fact that Hardware 3 fell outside the scope was therefore a choice made by Tesla, not a barrier imposed by the regulator. This matters because the impression has been given to owners that Tesla had 'appealed' against a refusal to approve HW3. In the publicly disclosed files, there is no trace of an HW3 application, a rejection, or any appeal regarding it. You can't appeal the rejection of something that was never applied for. The RDW has also confirmed in writing that the approval covered Hardware 4 only and that HW3 was never submitted for assessment (RDW, 13 May 2026). Independent pressure on Tesla's account is also mounting. Reuters reported on 15 June 2026 that Tesla presented misleading safety figures for FSD to European regulators, including the RDW. Ten of the eleven road safety researchers consulted described Tesla's statistics as misleading marketing, with safety overstated by roughly a factor of three. The RDW noted that it does not base its assessments on marketing claims or external statistics. And the pattern continues: FSD (Supervised) is now launching in more and more European countries, after the Netherlands also in Belgium, Denmark, Estonia, and Lithuania, always on HW4 and never on HW3. Tesla's own behaviour shows that the working functionality requires new hardware. ## Updated terms and privacy Ahead of these steps, we've updated our [terms](https://hw3claim.nl/en/terms) and [privacy policy](https://hw3claim.nl/en/privacy). This update serves as notice of those changes; take a moment to read them. ## What this is and isn't A few things to be clear about. Signing up is free, non-committal, and non-binding. The calculator gives an estimate, not a promise. This is not legal advice and no attorney-client relationship arises. The outcome of any potential proceedings is uncertain and depends on the court or a settlement. At every concrete step, you decide for yourself whether you want to participate. ## Finally Calculate it for your own Tesla and sign up. The more owners join, the more weight this case carries. Together we're stronger. --- ### Tesla's own CEO: "Hardware 3 simply does not have the capability" URL: https://hw3claim.nl/updates/teslas-own-ceo-hardware-3-simply-does-not-have-the-capabi Published: 2026-04-23 On the Q1 2026 earnings call of 22 April, Elon Musk publicly admitted what this site has stated from day one: > "Unfortunately Hardware 3, I wish it were otherwise but Hardware 3 simply does not have the capability to achieve unsupervised FSD." This is a qualitatively different admission than Musk's January 2025 promise (free upgrade) or the October 2025 walkback ("v14 Lite"). On an SEC-monitored investor call, it represents an explicit admission that hardware Tesla has sold since 2019 as "capable of full self-driving" cannot reach that level. Tesla's proposed solution involves "micro-factories in major metropolitan areas" to retrofit every HW3 vehicle to HW4, including camera replacement. FSD buyers are offered a "discounted trade-in". VP Autopilot Ashok Elluswamy confirmed that HW3 will receive a "distilled" v14 release by the end of June 2026. ## What this means legally Tesla's defence from the rejected formal notices ("wait for regulation") is now untenable. The RDW has approved. Tesla itself now says the problem is hardware that Tesla sold. ## Sign-ups now open outside the EU Over the past week, sign-ups have opened for owners outside the EU. Registrations are bundled per country and referred, where possible, to local proceedings. In the US a certified federal class action has been ongoing since August 2025 through Cotchett, Pitre & McCarthy. In Australia one runs through Echo Law. A new [jurisdictions page](https://hw3claim.nl/en/jurisdictions) maps the situation for other countries. Exploratory talks are under way with multiple law firms and consumer organisations about next steps. Participation remains voluntary, and once concrete proposals emerge, participants can decide for themselves. ## Privacy and terms updated Updates reflect expansion to countries outside the EU and explicitly document data bundling per jurisdiction and retention periods. The platform's scope is sharpened as an information-gathering platform rather than a legal service. The core principles remain unchanged: signing up is free and non-binding, no resale to third parties, EU hosting, and data can be viewed, corrected or deleted anytime. ## Finally The collection phase continues with over 5,000 sign-ups. Larger registers per country strengthen the position across the Netherlands, EU countries where FSD rolls out, and alongside existing proceedings in the US and Australia. --- ### One week. 4,000 owners. 40 media. Tesla's answer: "be patient" URL: https://hw3claim.nl/updates/one-week-4000-owners-40-media-teslas-answer-be-patient Published: 2026-04-20 One week after launch: over 4,000 verified owners from 29 countries. Estimated combined FSD spend exceeds 9 million euros. The [statistics page](https://hw3claim.nl/en/stats) shows current figures. ## Hart van Nederland Interviewed by Hart van Nederland (SBS6), one of the Netherlands' most-watched news programmes. The segment covers the core question: what did Tesla promise, what happened, and what does it mean for the thousands of owners who signed up. Airing at 17:50 and 22:30 on SBS6. ## I called Tesla Last week I called Tesla and [recorded the conversation](https://x.com/mischamartijn/status/2045182407800680713). The question was simple: when does FSD come to Hardware 3? The response: **"there is no information about when it comes, or if it will come at all."** After checking with the manager: **"you just have to be patient."** Five minutes after hanging up, Tesla closed the ticket with a link to book a test drive. ## Three new countries: Australia, New Zealand and Canada Over the past week I received messages from HW3 owners worldwide, particularly Australia, New Zealand and Canada. They're in the same position: **Australia and New Zealand**: FSD Supervised has been running there since September 2025, but only on HW4 hardware. HW3 owners paid AUD 10,100 or NZD 11,000 for FSD and can't use it. In Australia, a class action is underway through [Echo Law](https://www.teslaaction.com/). **Canada**: FSD is available, but HW3 cars are stuck on version 12.6 while HW4 runs version 14. Same promise, same problem. Starting today, HW3 Claim accepts sign-ups from these three countries. This is purely inventory: mapping how many owners are affected and what they paid. For Australian owners seeking legal action, I'm currently pointing to the existing [Australian class action](https://www.teslaaction.com/). ## International media Over the past week, more than 40 outlets across 16 countries have covered this initiative. Among them [Wall Street Journal](https://www.wsj.com/business/autos/car-owners-are-revolting-over-teslas-self-driving-promises-b76edcdd) (US), [Business Insider](https://www.businessinsider.com/tesla-owners-fsd-europe-full-self-driving-netherlands-2026-4) (UK), [TechRadar](https://www.techradar.com/vehicle-tech/hybrid-electric-vehicles/ive-waited-seven-years-tesla-owners-in-europe-demand-usd7-500-refund-as-full-self-driving-is-locked-out-for-older-vehicles) (US/UK), [Golem.de](https://www.golem.de) (Germany), [Numerama](https://www.numerama.com/vroom/2232599-tesla-me-doit-6-400-e-un-proprietaire-de-model-3-hw3-veut-attaquer-la-marque-en-justice-a-cause-du-fsd.html) (France), [HLN](https://www.hln.be/autobedrijven/mijn-compassie-is-nu-weg-nederlander-gaat-viraal-met-schadeclaim-tegen-tesla-tientallen-belgen-volgen-hem~aa6ded92) (Belgium) and [Nate News](https://news.nate.com/view/20260420n14576) (South Korea). The full list is on the press page. ## Evidence page updated The evidence page has been expanded with three new items: - Tesla's deletion of the 2016 blog post about self-driving hardware, and the subsequent softening of language to "designed for autonomy". - Elon Musk's March 2024 statement that "all training is for Hardware 3", two years before everything shifted to HW4. - Electrek's overview of Tesla's global legal exposure up to $14.5 billion, in which HW3 Claim is mentioned. ## Next steps In discussions with international class action specialists to determine the right legal route. I cannot share more at this point, but as soon as there are concrete steps, notification will follow. What you need to know: - No signatures or payments are required at this time - The collection phase continues - Updates will follow by email as soon as there is concrete action ## What you can do now 1. **Share** [**hw3claim.nl**](https://hw3claim.nl) with other HW3 owners in your network. Every additional profile strengthens the position. 2. **Keep your original purchase invoice** for the FSD package (if you have FSD). It's the most important piece of evidence. 3. **Follow** [**@mischamartijn on 𝕏**](https://x.com/mischamartijn) for real-time updates. ## What doesn't change This initiative is and remains a collection initiative. There is no lawsuit. The legal focus remains on owners who purchased FSD based on Tesla's promise. Adding countries or non-FSD owners does not change that core. It shows how far Tesla's promise reached. I still prefer to have a direct conversation with Tesla. That invitation stands. Thank you to everyone who signed up. Your trust is the reason this initiative can exist. --- ### 2,000+ sign-ups, and we're just getting started URL: https://hw3claim.nl/updates/2000-sign-ups-and-were-just-getting-started Published: 2026-04-16 In less than three days, over 2,000 owners have signed up at HW3 Claim. The estimated value of reported FSD purchases now exceeds 6 million euros. I never expected this to take off so fast. It says enough about how we all feel. We're now active across 33 countries: all EU countries plus Iceland, Liechtenstein, Norway, Turkey, Switzerland and the United Kingdom. Whether FSD has rolled out in your country or not, your sign-up counts now. ## New and important You don't need to have purchased FSD to participate. Tesla promised every car with Hardware 3 would be capable of Full Self-Driving. That promise affects all of us. Know someone with an HW3 Tesla who didn't buy FSD? Send them our way. To be clear: this is purely about inventory and case building, mapping who falls into which category. The core of the case remains unchanged. The legal procedure focuses on owners who purchased FSD based on Tesla's promise. Adding non-FSD owners does not alter that initial matter; it only shows how far Tesla's promise reached. Also new: your VIN is no longer required when signing up. Some people found it too sensitive. What we really need is the FSD data. You can always add your VIN later if the case moves to legal steps. ## Press and stats In recent days, articles have appeared in AD, Autoblog, Electrek, Numerama, Frandroid and ten other outlets across the Netherlands, United Kingdom, France, Germany, Norway, Sweden, Poland and Portugal. All coverage is on the press page. Want to follow the numbers live? On the [stats page](https://hw3claim.nl/en/stats) you'll see the total and the breakdown by country, model and FSD amount. Updated every minute. I'm currently working on the next steps. You'll hear more about that soon. Thank you for your trust. This initiative exists because of you. --- ### 1,250+ owners in 24 hours URL: https://hw3claim.nl/updates/1250-owners-in-24-hours Published: 2026-04-15 ## The numbers 24 hours after launch: over 1,250 registered owners from 21 countries. Hundreds of vehicles documented. Over one million euros in FSD purchases on record, in euros alone. No ads. No PR agency. One post on 𝕏. ## Stats are now live I wanted everyone to be able to see where things stand from the start. That's why the [statistics page](/stats) is now public. It shows the total number of participants, vehicles, sign-ups per country with FSD expenditure, distribution by model and build year, and sign-ups over time. The page updates every minute. You can also toggle between reported figures and an estimate based on all verified participants, including those who haven't added their vehicle yet. ## What else is happening Over the past days, multiple international media outlets have reached out, including the Wall Street Journal and Business Insider. Several legal professionals have also made contact. This confirms what the numbers already showed: the problem is bigger than a handful of Dutch owners. We won't comment on specifics until there are concrete next steps. What we will do: share the state of things transparently through the statistics page and these updates. ## Keep signing up The collection phase continues. The more owners register, the stronger the position. Know someone with a Tesla HW3 who paid for FSD? Send them to [hw3claim.nl](https://hw3claim.nl). --- ### Sign-ups now open across the EU URL: https://hw3claim.nl/updates/eu-signups-open Published: 2026-04-14 ## What changed The sign-up form now accepts owners from any EU country. You select your country when signing up and we group by region. ## Why The Netherlands is the first EU country where the RDW approved Tesla's FSD (Supervised), on AI4 hardware only. But the hardware limitation of HW3 isn't Dutch. It's the same everywhere. Tesla made the same promises to owners in Germany, France, Belgium, and every other EU country where FSD was sold. When another country approves FSD, owners there face exactly the same problem. We don't want to wait until that moment to start collecting. ## What this means for you - **In the Netherlands?** Nothing changes. The first legal proceedings are based on Dutch law. - **Elsewhere in the EU?** You can now sign up. Your data is grouped by country. When FSD rolls out in your country, the data is ready for potential legal action there. ## What we're not doing We're not promising legal proceedings in every EU country. We're collecting data so we're ready when the time comes. The Dutch case is the first track. Other countries follow when the facts and the number of sign-ups justify it. --- ### HW3 Claim is live URL: https://hw3claim.nl/updates/hw3-claim-is-live Published: 2026-04-12 ## What's going on Between 2016 and 2023, Tesla sold the Full Self-Driving package to thousands of Dutch owners with the explicit promise that their vehicle would become fully autonomous via software updates. Tesla's Dutch product page stated it plainly: > Every Tesla is equipped with the hardware needed in the future to make the car fully autonomous under virtually all circumstances. On 10 April 2026, the Dutch RDW approved Tesla's FSD (Supervised) for Dutch public roads. On AI4 hardware only. Hardware 3 is excluded. ## Why now The facts are on the table: - **Elon Musk** publicly admitted on 29 January 2025: *"We will need to replace all HW3 computers in vehicles where FSD was purchased."* - **Tesla VP Ashok Elluswamy** confirmed as early as 21 August 2024 that HW3 runs a smaller model than AI4. - **According to fleet data published by TESMAG** (March 2026), HW3 performs 3.75x worse than AI4. - **Tesla's own patent** (US20260017503A1) acknowledges that the workaround to run FSD on HW3 can render the system 'inoperable' for perception in autonomous driving. Tesla rejected both our demand letters. ## What we're doing We're gathering Dutch owners with Hardware 3 and a purchased FSD package. The more people sign up, the more weight this carries when we sit down with Tesla. Or the stronger our position if it goes to court. Signing up is free, voluntary, and non-binding. Your data is stored on EU servers only and not shared with third parties. ## What's next We'll publish monthly updates on progress. Next steps depend on the number of sign-ups and conversations with legal advisors. ---