In this work, driving tests were carried out with a Tesla Model 3 and VW ID.4. During the tests, the vehicles were controlled by an SAE Level 2 system (Tesla Autopilot and VW Travel Assist). The study aimed to investigate the behaviour of the vehicles when the driver does not react to the take-over request of the vehicle while it is in a non-critical driving situation. The aim was to clarify whether this can lead to accidents from a purely technical point of view and whether there is still room for improvement. As a result, it could be determined that a non-reaction of the driver to the take-over request leads to system-initiated braking decelerations, which can lead to a rear-end collision by the following traffic. Furthermore, secondary accidents are possible if the driver fails to act as a fallback. This could be reduced by improving the applicable UNECE standard R79 by specifying deceleration values for this case. In addition, the risk of an accident could be reduced by decelerating earlier and warning the environment. For this purpose, a driver monitoring system would also be recommended to allow situational decisions by the system. The implementation of the measures proposed could result in a significant increase in road safety while using these systems.