I don't think anyone is disputing that Tesla has tested the FSD under that legislation and that it requires a driver present in that case. I think you misunderstood what the disagreement was about.
IMO the argument started by
@Bladerskb was about the ingenuity of the driver disclaimer in the FSD video. I'm thinking his point was (though I don't agree with him that it was a
lie, really), the disclaimer about the driver made it sound the software is more mature than it actually was.
I believe
@Bladerskb felt the statement was implying "if only there wasn't this law, we could have sent the car alone" - which is where I
do agree with
@Bladerskb, that would not be factual and that unfortunately kind of is implied by the wording. No way IMO did Tesla consider FSD mature enough to send out without a driver had the law allowed it. No, the driver was there for both legal
and technical backup reasons. IMO, the driver was there mostly for technical backup reasons.
Had they said "the driver is there just as a backup, he does nothing", I don't think
@Bladerskb or the rest would have had a problem with that wording. It's the implication that is disputed, is that law is the only reason or the real reason the driver is there, when it actually is a side-point at best.
It is the same thing, actually, Tesla does with the EAP and FSD wordings in Design Studio. Making it sound we'd have them if it wasn't for the pesky regulations and validations... No... we don't have them because they are not done yet. That's the real reason. Sure, regulations and validations are lagging too, but that's quite beside the point when EAP/FSD simply are not done yet. There is nothing to validate yet and nothing that is hitting regulatory ceilings yet.
The FSD video had a driver in the car because the FSD is not done yet. That law required it is, in actual fact IMO, quite irrelevant. The driver was needed because the system is far from reliable enough to send out without.
The likes of Google. Now, they might actually have system reliable enough to drive without and are truly hitting a regulatory ceiling, but that's a different story.