Earlier quoted context omitted.
Yes tired, drunk or raging people do stupid shit. But the goal is not exactly to have autonomous driving at their level ...
There are a few more categories of people who often do stupid shit, many of which are fairly mundane and far less easy to disregard (such as: momentarily distracted / semi-permanently fiddling with their phone / dangerously incompetent). I don't think it's unfair to point out that humans, quite often, also suck quite badly at driving.
Many of those reasons are illegal (alcohol, fiddling with your phone) so it's not a question of fairness an automated program was supposed to be better than that.
I don't see anything unfair in requiring that automated driving which is supposed to not be afflicted from our human failing to not perform illegal and dangerous driving ...
Especially since autonomous driving might bring more car not less (similar to Uber and Lift impact https://www.nature.com/articles/s41893-020-00678-z#Sec8 )