NHTSA, which, after all, studies crashes, is being very realistic.
Here's the "we're looking at you, Tesla" moment:
"Guidance for Lower Levels of Automated Vehicle Systems"
"Furthermore, manufacturers and other entities should place significant emphasis on assessing the risk of driver complacency and misuse of Level 2 systems, and develop effective countermeasures to assist drivers in properly using the system as the manufacturer expects. Complacency has been defined as, “... [when an operator] over- relies on and excessively trusts the automation, and subsequently fails to exercise his or her vigilance and/or supervisory duties” (Parasuraman, 1997). SAE Level 2 systems differ from HAV systems in that the driver is expected to remain continuously involved in the driving task, primarily to monitor appropriate operation of the system and to take over immediate control when necessary, with or without warning from the system. However, like HAV systems, SAE Level 2 systems perform sustained longitudinal and lateral control simultaneously within their intended design domain. Manufacturers and other entities should assume that the technical distinction between the levels of automation (e.g., between Level 2 and Level 3) may not be clear to all users or to the general public. And, systems’ expectations of drivers and those drivers’ actual understanding of the critical importance of their “supervisory” role may be materially different."
There's more clarity here on levels of automation. For NHTSA Level 1 (typically auto-brake only) and 2 (auto-brake and lane keeping) vehicles, the driver is responsible, and the vehicle manufacturer is responsible for keeping the driver actively involved. For NHTSA Level 3 (Google's current state), 4 (auto driving under almost all conditions) and 5 (no manual controls at all), the vehicle manufacturer is responsible and the driver is not required to pay constant attention. NHTSA is making a big distinction between 1-2 and 3-5.
This is a major policy decision. Automatic driving will not be reached incrementally. Either the vehicle enforces hands-on-wheel and paying attention, or the automation has to be good enough that the driver doesn't have to pay attention at all. There's a bright line now between manual and automatic. NHTSA gets it.