No you are not ever the driver when the system is operating in L3 mode. 99/100 people does not understand what OEDR is and that the main difference between L2 is that the system assists with the OEDR in L2 and does the full OEDR in L3.
A recent article unfortunately characterized ProPilot 2.0 as an SAE Level 3 system.
www.forbes.com
Also, ”fallback ready” (DDT fallback) does not mean ”F-ing hell! take over immediately!!!“. It means ”Sir, I am sensing I won’t be able to drive in a bit, can you please start doing the OEDR now and take over in 10 secs or I’ll stop safely”.
I doubt current cars will ever get there.