A system that has humans in the control loop must be designed around human limitations. Humans, myself included, are not capable of paying continuous attention to a task that requires only sporadic intervention. A control scheme that includes handing control back to a human in emergencies is a death sentence that serves only to obfuscate the cause of the crash and avoid liability.
Yet this is exactly the plan for self-driving cars. Automation level 0 [2] is fine, because there are enough minor corrections to keep the driver focused on the road. Automation levels 4-5 are fine, because the "driver" isn't the one in control of the car. Automation levels 1-3 are actively hazardous, as they remove the moment-to-moment adjustments performed by the driver, but they still expect the driver to maintain full situational awareness to take over at any time.
TL;DR. Automation levels 1-3 assume superhuman focus on the part of the driver, are fundamentally unsafe, and should be regulated against.
[0] https://www.sciencedirect.com/science/article/pii/S136984781...
[1] https://journals.sagepub.com/doi/abs/10.1177/154193121360142...
[2] https://www.jdpower.com/cars/shopping-guides/levels-of-auton...