> If the switch state changes from closed to open, [driver|AEB] have intervened and Uber's system should relinquish control of that sub-system.
No, both cases are fundamentally different. If a human driver has intervened, the system should expect the human wants to take over all subsystems: braking, steering, accelerating. If the AEB has intervened, the system should expect it will take over only the braking, and only for a limited amount of time; it shouldn't relinquish control (and doesn't have to, since a properly-designed AEB will be an override of the braking control), and should be ready to take over immediately after it releases (and probably bring the car to a safe stop as soon as it has control back).
That is, the self-driving system must know whether the command came from the human driver, or from another system.