That's because the manufacturer defines the ODD not the Levels.
Exactly! and without knowing the ODD, the level gives me insufficient information to know what the car can really do. Tesla's Level 2 is more useful to me than Waymo's Level 4 because I can actually use Tesla's Level 2. I cannot use Waymo's Level 4 because it won't operate where I live or anywhere within several time zones of where I live. Without knowing the ODD, the level gives me no useful information. A car company announces "We're Level 3: You can take your hands off the wheel!" I think "Wow! That's what I want!" But then it turn out the ODD is limited to certain specific freeways when driving slower than 15 mph, or some such, and it's useless.
Level 5 is the only one that really tells me what the car can do. Assuming that "Constant surveillance by iPad operator" does not turn out to be allowed within the SAE definition of Level 5 once the lawyers get to work litigating what can count as level 5.