Yes it's fine even for planes. Boeing planes are still incredibly safe but some people now prefer Airbus and will use that when selecting flights. This feedback loop is what ultimately triggers change.
Note that all the regulation was useless in the Boeing case, the FAA ultimately allowed Boeing to self-inspect using contractors. The same is happening with drugs.
You may be underestimating the risk of human drivers. Given the choice of sharing the road with 10,000 tesla, waymo, zoox, etc. self-driving cars vs. 10,000 human-driven cars, which would you choose for you and your kids?
I can't speak for zoox, but having ridden in a bunch of Waymos, I'd trust them over the humans, no question. And I'd also trust the humans over Tesla, no question.
It should be illegal by default until the OEM proves it's safe with paid safety drivers.
Legal by default is an insane state of affairs.