So you're saying that if Waymo allowed their test drivers to hold the steering wheel they would be exempt from all licensing and reporting requirements for self driving testing in CA?
1. No, because by operating them thus far under the program they have declared them as >= L3, so they remain L3 even if the safety drivers behave differently. It would just mean that the number of disengagements reported would spike, which is the opposite of what they are trying to achieve, hence an entirely improbable scenario.
My point is that to test a L3 system in California the driver is required to continuously monitor the system. I'm not sure where you're getting that a L2 system requires driver input. L2 only requires driver input to maintain safety which is exactly what is required when testing a L3-5 system in CA.
2. The safety driver under the AV >=L3 regulations =/= driver of L2, because the systems are designed and declared to assign them different functions, review SAE graphic above. The fact that they both do "some sort of monitoring" is a declaration too vague to assist understanding.
3. I note you do not address the point (as regards Tesla) about this whole issue being resolved since yesterday.