Sure, I can acknowledge that the software should have reacted here, but so should've the driver. The driver is responsible for the vehicle and Tesla are clear about this. I don't think it's valid to blame inattentiveness on Autopilot either.
You're describing a flawed overall system. It has to be nearly perfect or it would be better not to exist at all. Middle ground is incompatible with our minds. You are asking for the impossible.
Or would that just train us to ignore the ‘take over tone’?