
The partitions are closing on Tesla’s declare that thousands and thousands of its autos with {Hardware} 3 (HW3) computer systems will probably be able to unsupervised self-driving.
Tesla wants to come back clear earlier than the phrase “fraud” comes out.
Making a mistake will not be a fraud. If Tesla actually thought that it may ship unsupervised self-driving to autos outfitted with HW3 and, at one level, it discovered that it couldn’t, it’s not fraud though it used that as a promoting level for thousands and thousands of autos for years.
Nevertheless, the second Tesla figures out that it may possibly’t, it must cease promoting its Full Self-Driving bundle to HW3 automobile homeowners and are available clear to homeowners about what their automobile will and will be unable to do, like a robotaxi service.
Has the second come?
Delivering self-driving on Tesla HW3/self-driving pc
In 2016, Elon Musk introduced that every one future Tesla autos would come outfitted with the required {hardware} for self-driving capabilities, even specifying “stage 5 self-driving,” which suggests the power to function autonomously below any situations. Nevertheless, shortly after, Musk acknowledged that Tesla may require extra onboard computing energy than initially thought, resulting in the introduction of {Hardware} 3 (HW3), which Tesla additionally known as its “self-driving pc”.
Musk assured that HW3 would allow full self-driving (FSD) capabilities, promising retrofits for earlier fashions that had bought the FSD bundle. After I purchased my very own Tesla Mannequin 3 in 2018, it was outfitted with the unique pc, however since I had bought the FSD bundle, Tesla upgraded my automotive with the brand new “self-driving pc” in 2019.
Following this, Tesla launched {Hardware} 4 (HW4), a extra superior onboard pc system, however didn’t supply retrofits for older fashions with HW3, sustaining that HW3 was adequate for attaining self-driving by way of software program updates.
Musk stated that it wouldn’t be “economically possible” to retrofit HW3 autos with HW4, which not solely features a extra highly effective pc but additionally higher cameras.
Initially, Musk claimed that FSD enhancements would first be optimized for HW3, suggesting that HW4 may lag behind by not less than “six months”. Nevertheless, Tesla reversed this method with the discharge of FSD model 12.5, which was first deployed to HW4 autos. Musk defined that optimizing the software program for the much less highly effective HW3 would take extra time.
This has raised a major purple flag hinting on the limitations of HW3 in dealing with the newest software program developments in the direction of unsupervised self-driving, a functionality Tesla promised to HW3 homeowners since 2016.
The priority is very important throughout the context that Tesla nonetheless has quite a lot of work to do to ship its unsupervised self-driving capabilities.
Tesla has at all times gone out of its manner to not launch any information relating to its FSD program. Due to this fact, we now have to depend on crowdsourced information, which exhibits Tesla is at present at about 122 miles between vital disengagement:

In response to most specialists, Tesla wants a ~1,000x enhance in miles between disengagement to ship on its unsupervised self-driving guarantees. As you possibly can see, this information exhibits that Tesla achieved a ~2x enchancment over the past 3 years.
On prime of this example, CEO Elon Musk bought folks much more anxious through the launch of the Robotaxi final week.
Whereas discussing his declare that “all Tesla autos will probably be able to self-driving,” somebody within the crowd requested him in regards to the Cybertruck, which Musk rapidly answered with a “sure.”
Nevertheless, when somebody requested him about HW3 autos, as an alternative of merely responding “sure”, Musk stated “Let’s not get nuanced right here” after which rapidly requested for the following slide:
Now, nonetheless on the Robotaxi occasion final week, some have been pointing to this interplay with Tesla executives Franz von Holzhausen and Lars Moravy saying once more that robotaxi-level self-driving is coming to “all vehicles” after being requested extra particularly about HW3 as proof that Tesla believes it’s nonetheless potential to ship FSD unsupervised on HW3:
With all due respect to von Holzhausen and Moravy, they wouldn’t be one of the best folks to ask. The previous is accountable for design and the latter of auto engineering, which you’d suppose the FSD program would fall below, however no.
Ashok Elluswamy leads this system at Tesla and stories on to CEO Elon Musk.
That’s evidenced by some errors made even on this quick interplay like Moravy saying that Tesla introduced its self-driving effort in 2014 when it was in 2016 and him asking if a 2018 Mannequin 3 has HW4, which has by no means been obtainable on early Mannequin 3 autos.
Talking of the Robotaxi occasion, Musk stated that the brand new Robotaxi is provided with a brand new {hardware} suite, particularly a brand new on board pc known as AI5. He didn’t elaborate on the capability of the brand new pc. The automobile additionally has a bumper digital camera, which solely the Cybertruck has and no different Tesla automobile on the highway right now. The onboard compute energy is one factor, however it’s additionally not the one potential bottleneck for Tesla with older {hardware}.
One other vital piece of proof pointing to Tesla not with the ability to ship unsupervised self-driving on HW3 autos is the truth that it doesn’t have any compute redundancy anymore.
Electrek spoke with a well known Tesla hacker known as ‘inexperienced‘ who usually reveals details about Tesla by way of his deep dives into the automaker’s software program. He really launched the primary HW3 photographs again in 2019.

Inexperienced stories that beginning in late 2023, Tesla began to make use of each nodes for its FSD program on HW3 – working some new neural nets on the additional node. Initially, the concept was to have one for redundancy, which is important for larger ranges of autonomy like ranges 4 and 5, however arguably additionally stage 3.
Now, inexperienced says that if one of many nodes fails, FSD doesn’t drive anymore. It may possibly nonetheless produce FSD visualizations, however that’s about it. That alone mainly kisses goodbye to robotaxi-level self-driving on HW3.
It’s additionally value noting that shortly after inexperienced seen this transformation occurred, Tesla began to shift its precedence from releasing new software program on HW4 first relatively than HW3.
Tesla is decreasing its legal responsibility
Tesla has been making an attempt to actively scale back its authorized legal responsibility relating to HW3 by encouraging individuals who purchased FSD to improve to newer autos.
For years Tesla homeowners have been asking Tesla to permit them to freely switch their FSD bundle to a brand new automobile. It is smart. Tesla hasn’t delivered the product they’ve paid for. It’s the naked minimal to permit them to switch it to a brand new automotive.
After years of refusing, Musk finally agreed to FSD switch final yr, however he known as it a “one-time amnesty” and stated to reap the benefits of it.
That turned out to not be true. Tesla introduced again the FSD switch twice extra since – with final quarter Musk saying “yet one more time”. After which, certain sufficient, Tesla introduced it again for a fourth time this quarter.
This pretend incentive to improve your older automotive with FSD to a more recent one now as a result of it’s the “final time” has a constructive impact on Tesla’s legal responsibility relating to HW3.
When Tesla resales these used HW3 autos with FSD, they use their new language known as “(Supervised) Full Self-Driving”, which opens the door for Tesla to say that they’re solely promoting you self-driving that must be “supervised” by a driver.
However curiously, for HW2 automobile homeowners who by no means bought FSD, Tesla remains to be promoting them a $1,000 HW3 pc improve and $2,000 FSD software program bundle ($2,000 if in case you have Enhanced Autopilot) with nonetheless the previous language within the improve web page:


That’s the place Tesla can be including legal responsibility as it will be “upgrading” a automotive to a 5-year-old pc that’s already lagging behind on updates to its newer 2-year-old pc (HW4).
Electrek’s Take
Let’s be sincere. Tech isn’t supported with software program updates after 5-7 years. Tesla {Hardware} 3 is getting into that zone. It’s turning into out of date and usually, it wouldn’t be an issue, however Tesla offered a Full Self-Driving functionality bundle for as much as $15,000 based mostly on this {hardware} that it by no means delivered.
On the minimal, it should reimburse that, however homeowners may even argue that they purchased the automotive as a result of Elon Musk instructed them it will change into self-driving over time and change into an “appreciating asset.”
This might rapidly change into a really giant legal responsibility for Tesla, and the way in which it handles it is usually vital.
Musk stated that retrofits usually are not economically possible from HW3 to HW4. It’s true that it will be fairly costly and in addition doubtless create an insurmountable quantity of labor for Tesla’s already overworked service groups. The HW4 pc doesn’t have the identical energy harness or digital camera harnesses because the HW3, and it doesn’t share a type issue that matches in the very same spot.
Additionally, the cameras have been upgraded with HW4, which raises the query, “Is the computing energy the one drawback, or does the digital camera additionally want to enhance?”
If it’s simply the computing energy, Tesla may probably design a brand new pc that might be extra simply retrofitted in HW3 vehicles, however even then, that’s one thing that must be disclosed.
As I stated, if Tesla is aware of that it may possibly’t ship unsupervised self-driving on HW3, it must let homeowners know proper now and cease promoting the software program bundle to HW3 homeowners with out a clear plan to make issues proper. In any other case, this rapidly turns into fraudulent.
The truth that Elon and Tesla have been mistaken so many occasions about self-driving is already not a terrific confidence builder for them delivering on HW4 autos and even on the brand new AI5 (Robotaxi), but when they’re additionally actively deceptive homeowners, then Tesla turns into untrustworthy.
I’m critically involved that Tesla goes to depend on the “company puffery” protection to border Elon’s guarantees as “mere puff”.
After I first introduced up the potential of Tesla reaching the boundaries of HW3 earlier this yr, many Elon superfans began to make claims that Tesla and Elon by no means promised robotaxi-level self-driving capabilities on HW3 vehicles, which is apparent ridiculous.
Tesla may additionally blame regulators as that is the brand new language that you must agree with when shopping for what’s now known as “Full Self-Driving (Supervised)”:
The at present enabled Autopilot and Full Self-Driving (Supervised) options require lively driver supervision and don’t make the automobile autonomous. Full autonomy will probably be depending on attaining reliability far in extra of human drivers as demonstrated by billions of miles of expertise, in addition to regulatory approval, which can take longer in some jurisdictions. As Tesla’s Autopilot and Full Self-Driving (Supervised) options evolve, your automobile will probably be constantly upgraded by way of over-the-air software program updates.
On the exact same day that Tesla offered its new Robotaxi, Former President Donald Trump, who Tesla CEO Elon Musk is financially backing to change into the following president and who he says he’s “all-in” on, stated that he would “ban autonomous autos on American roads.”
This case is sort of a multitude to say the least.
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