The visual attention is not required to

The driver’s role while using a Level 3 driving automation feature
includes being sufficiently alert and physically in position to be able to
recognize and act appropriately either to automation system-initiated takeover
requests, or to base vehicle failures unrelated to the automation system.
Supervision of the automation system operation or the driving environment is
not part of the driver’s role while a Level 3 system is operating. This
differentiation is best understood in terms of visual attention: the driver’s visual
attention is not required to be focused on the external driving environment
(e.g., roadway) at all during Level 3 operation, nor is it the driver’s role to
evaluate the performance of the driving automation system. This is because the
driver does not have the role of performing the object detection and response,
nor of detecting automation failures or evaluating automation performance. The
driver’s role is limited to perceiving a takeover request issued by the driving
automation system, or a vehicle failure that requires immediate attention
(e.g., a flat tire, broken axle, or serious engine failure), and respond by
taking over the dynamic driving task.

While drivers may visually observe the external environment or at the
automation displays during Level 3 operation, the driving automation system
will be responsible to get the driver’s attention for a takeover request. The
driver is otherwise expected to have his or her attention focused on
non-driving tasks during Level 3 driving automation system activation. This is
the critical difference in the driver’s role, and in functional requirements
between Level 2 and Level 3 driving automation. The driver must complete his or
her role by continuing to pay attention to the driving system and actively
supervising the driving automation system’s performance and must take over
control when needed (e.g., due to an external circumstance outside the vehicle
or malfunction of the automation). In Level 3, the driving automation system
has the role to monitor its own performance and the external environment, and
to respond to all relevant objects and events. It must also determine whether
it is operating within its design domain and issue a takeover request to the
driver in preparation for exiting the automation ODD.

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In Level 3 automation, the driver only need to notice the automation
system while confidently performing non-driving tasks and respond to a automation
system driving takeover request, if needed.

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