Uber is 100% right on this one, though. They have a licensed driver in the front seat in command.
It depends upon how its implemented and sold to its customers really.
1) Commercial vehicles have stricter regulations than private vehicles. These self driving cars are NOT owned by the operator like traditional Ubers, they appear to be owned by Uber corporate.
2) The self driving regulations in the states that allow it are trying to achieve a balance, they are giving the driver more freedom to say txt and drive during the testing.
If anyone gets killed by one of these Uber test, expect California to go after Uber corporate hard. This is a liability nightmare that Uber should stop and think about.