Another example of VAG trying to look cool and went for an inferior solution that clearly won't work even if regulations allow it.
There is no such thing as 'conditional eyes-off'. People can't even stay awake with a hands-off system (L2), they are guaranteed to get 100% distracted when they are told they could take their eyes off. They will not be prepared to retake control guaranteed. That's why it's either L2 or L4, no middle ground.