yes even i noticed in my fortuner legender driven 12k km, gearshift sometime get stuck at 2nd gear if i do full WOT (fully accelerate). I took my car to Toyota Central and found out every FL fortuner and legender have this gearshift issue, even in Thailand as well. I might get unichip on my legender soon and sort out this issue, as for now you got to lift the accelerator slightly before the gearshift to 3rd gear.