Yes, the test cars have a person sitting in them "just in case" and because of regulations. No, they're not going 12 mph, or even just 35 mph anymore. They are demonstrating that the car can handle itself on the public roadways. There are also long-haul freight trucks that have a person in them "just in case" but that are driving themselves most of the time.
As I said, this is a gradual shift, not a sudden switch.