1. When the driver has full control of the vehicle
2. When the 'autopilot' is engaged and the driver is ready to intervene if necessary
So if the AI passes the safety test on Type 1 data, Tesla can promote it to being tested on Type 2. And if it passes that safety test it can be promoted to full autonomous control.
The 'autopilot' mode effectively does for Tesla what Google's test drivers do, but for free and on a much larger scale. Seems to me Tesla have a very strong hand here.
So if there's an accident, Tesla can check to see if the autopilot would/could have avoided it. If they can turn round to lawmakers and say that "X% of accidents could be avoided if hands-off autopilot was legal" it should help speed up the regulatory side of things.
Which is to say, if Google wants self-driving Google Maps vans, then collecting data using Google Maps vans makes sense. But if they want general-purpose self-driving cars, then collecting data using Google Maps vans will only give them a very narrow set of data.