It doesn’t seem that obvious to me.
Let’s say you sit in the driver’s seat of your friend’s Tesla and turn on autopilot. Are you the driver or passenger?
Now let’s say you sit in the driver’s seat of a Waymo. Are you the driver or passenger?
Let’s say you sit in the driver’s seat of your friend’s Tesla and turn on autopilot. Are you the driver or passenger?
Now let’s say you sit in the driver’s seat of a Waymo. Are you the driver or passenger?
Teslas aren't approved to operate as taxis, whereas Waymos explicitly are. I think that's the difference here.
I can imagine ambiguous situations, but I don't see how either of these two are ambiguous. As long as you can prove it.
Though the easy answer is to not sit in the driver's seat when not driving.