Then the vehicle is not FSD…
Then the vehicle is not FSD and should not be allowed to even use that term. It is either 100% FSD 100% of the time in any condition or it is not FSD capable. In China Tesla was required to use a different term because it didn't meet the standard to be called FSD.
Level 5 vehicles do not require human attention―the “dynamic driving task” is eliminated. Level 5 cars won’t even have steering wheels or acceleration/braking pedals. They will be free from geofencing, able to go anywhere and do anything that an experienced human driver can do. Fully autonomous cars are undergoing testing in several pockets of the world, but none are yet available to the general public.
The above statement defines an FSD vehicle. They don't exist yet. The CT is not FSD no matter what the Tesla fanboys say.