If someone parks their car or truck on a hill, trusts the "park" position of the auto-trans shifter and does not use the parking brake (or some other means) - that certainly is negligence. If I had a car I had to leave on a hill and the parking brake wasn't working, I'd stick a rock behind one of the tires AND cut them at an angle.
I guess we're going to disagree on this one. I've never heard of any automaker stating the "park" position was to be trusted for such types of parking. New York State law also mandates the parking brake be used on steep grades.
As far a what some MV inpector says? Means nothing to me, nor does it matter to me what the requirements are to pass MV inspection.
Some states have NO motor vehilce inspection at all. Going by what seems to be your reasoning, then I assume in the states (like most of Michigan) that have no inspection, nobody is held liable for driving faulty equipment? It doesn't work that way. Some states require "self inpection." That is, it is up to the owner to make sure his/her rig is in good working order.
Now, in this death I mentioned . . . if the owner had the parking brake on, and the trans in "park", and both failed simultaneously - then I'd call it an accident and not negligence.
By the way, I've got a stack of over 40 old "owners manuals" here for cars and trucks. Volkswagen, Chevy, Ford, Dodge, Subaru, Datsun, Isuzu, etc. Every one of them cautions that if an auto trans is involved, to always "set the parking brake" when parked on a grade.
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