I don't think it's the job of the regulation to cover every possible corner case and to codify the exact behavior of AVs in law.
AVs seem to all have different "mental models" of the external world, so it seems like we've got a lot of work before we can pipe data collected from this Cruise incident into a simulator and test Waymo, Uber, Tesla, etc.
until they figure that out, this is a not-intolerable course of action. it doesn't need to be interpreted as punitive.