If you're arguing to the regulator that "look these cars are not as bad as humans overall" I guess that's fine, but if you're trying to sell me on using self-driving by comparing to something that's completely unrelated to my use-cases that's just BS.
Unless their message is "if you're drunk turn on self driving" which I could get behind, I sincerely doubt current self driving is better than humans - simply because of the data they chose to compare to. If they were better than professional taxi drivers I'm sure they would tout that data widely.