Using it is abusing it, it's legal but it shouldn't be. The level of annoyance necessary to make this systems safe to test simply isn't there. The level of annoyance necessary to make their old level 3 automation safe to use isn't there either.
They are creating new significant failure modes (ie. more collisions with static objects, due to the inability of radar to detect them and visual identification creating too many false positives to be usable). That's unacceptable to me, they should be making existing failure modes less likely, not creating new ones.