Automated vehicles alleviate the need for driver attention and control. However, a takeover request (TOR) to the driver remains essential for emergencies and safety–critical scenarios beyond automation's capability. Thus, accessing drivers’ safety performance in various TOR scenarios is crucial for conditionally automated driving (SAE L3). However, TOR safety performance is seldom examined concerning drivers' cognitive load, despite its presumed relevance to TOR scenarios and human–machine interaction. Moreover, the adequacy of the time window preceding a TOR, critical for TOR safety prediction, remains inadequately explored. This study aims to assess safety performance across diverse TOR scenarios in Level 3 conditional automation, incorporating drivers’ cognitive load, and predict TOR safety by considering the time window's impact. A driving simulator experiment gathered eye movement and driving behavior data from 37 recruited participants. Participants were instructed to take control of the vehicle from automated driving within a time budget (TB) of 3 s or 7 s in obstacle avoidance (OA) or lane keeping (LK) scenarios while engaging in non-driving-related tasks (NDRTs). Participants’ subjective cognitive load in the different TOR scenarios was scaled using NASA-TLX. Furthermore, safe TOR performance was predicted utilizing Convolutional Neural Networks (CNNs) across different time window sizes preceding a TOR. The results indicate that: 1) cognitive loads in takeover scenarios ranked from highest to lowest as TB = 3s_OA, TB = 3s_LK, TB = 7s_OA, TB = 7s_LK; and the cognitive loads of the NDRTs ranked from highest to lowest as mistake finding, texting, chatting, monitoring; 2) the takeover safety performance in the four scenarios from lowest to highest was TB = 3s_OA, TB = 3s_LK, TB = 7s_OA, TB = 7s_LK; likewise, the takeover safety performance during the four NDRTs ranked from lowest to highest as mistake finding, monitoring, texting, chatting; 3) the time window size before the TORs significantly affected the prediction performance of the model. A 30-second window was recommended as optimal for predicting takeover safety using the CNN model, achieving an average F1 score of 0.8120 and 81.98 % accuracy. This study's findings enhance our comprehension of driving behavior characteristics during TOR and offer valuable insights for detecting driver states in conditionally automated driving contexts.