Tesla Australia owner class action against ‘phantom braking’, Autopilot claims builds steam

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Around 10,000 owners of Model 3 and Model Y vehicles have signed up in a class action against Tesla Australia for allegedly dangerous technology and misleading claims.


Tung Nguyen
Tesla Australia owner class action against ‘phantom braking’, Autopilot claims builds steam

The class action brought against Tesla Australia for claims of phantom braking, battery issues, and misleading Autopilot marketing in Model 3 and Model Y electric cars is building momentum, with a reported circa-10,000 owners joining the lawsuit.

First initiated in February, the case alleges that Model 3 and Model Y vehicles “have a propensity to autonomous engage Automatic Emergency Braking [Autonomous Emergency Braking, or AEB] abruptly in inappropriate circumstances, leading to a risk of collisions”, according to law firm JGA Sadler.

ABC News and 7.30 has recently reported on local occurrences of unintended braking, with a Model 3 owner allegedly experiencing sudden braking on a freeway wherein a truck nearly collided into them.

According to the driver via ABC News, “it has happened to him numerous times”.

Tesla Australia owner class action against ‘phantom braking’, Autopilot claims builds steam
Tesla Model 3.

There are semi-regular posts on local Tesla owner groups and forums claiming sudden and unexpected braking in Model 3 and Model Y vehicles.

There may be further instances of the system not working as intended that may not have been reported, so the true scale of the alleged issue is unclear.

Aside from phantom braking, the lawsuit also looks to address Model 3 and Model Y vehicles allegedly not achieving close to their advertised driving range numbers.

Tesla Australia owner class action against ‘phantom braking’, Autopilot claims builds steam
2024 Tesla Model Y.

Finally, the class action also puts forward that “the hardware on Tesla vehicles is incapable of supporting fully autonomous or close to autonomous driving” despite being labelled as Autopilot by the brand.

Tesla describes its Autopilot system as an “advanced driver assistance system that enhances safety and convenience behind the wheel” and that drivers need to “keep your hands on the steering wheel at all times and maintain control of [the] vehicle”.

Designed primarily for freeway driving scenarios, the Autopilot system combines Tesla’s version of adaptive cruise control and lane-centring technology which is also offered by other car brands like Nissan, Hyundai, and Toyota, but marketed under different names.

Tesla Australia owner class action against ‘phantom braking’, Autopilot claims builds steam

Tesla also offers an Enhanced Autopilot system that can automatically change lanes or autonomously park the vehicle, as well as a Full Self-Driving mode unlocked in other markets that can steer by itself on city streets and read traffic lights.

Last month, a video released by Tesla showed a vehicle navigating Melbourne’s CBD in Full Self-Driving mode where it was able to complete a hook turn without any driver input, but it is unclear when this feature will be rolled out to owners in Australia.

The case against Tesla was brought to the Federal Court last month, and a verdict is still forthcoming.

Tung Nguyen

Tung Nguyen has been in the automotive journalism industry for over a decade, cutting his teeth at various publications before finding himself at Drive in 2024. With experience in news, feature, review, and advice writing, as well as video presentation skills, Tung is a do-it-all content creator. Tung’s love of cars first started as a child watching Transformers on Saturday mornings, as well as countless hours on PlayStation’s Gran Turismo, meaning his dream car is a Nissan GT-R, with a Liberty Walk widebody kit, of course.

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