I RECENTLY PURCHASED A NEW ML350 FROM MERCEDES BENZ OF BURLINGTON, MA AND I HAVE A 'SAFETY' RELATED ISSUE WITH THE LIFT GATE. I WENT TO MOVE THE VEHICLE, NOT KNOWING THAT THE LIFT GATE WAS OPEN.THERE WAS NO WARNING OR ANY INDICATION THAT THE LIFT GATE WAS OPEN!! I HAVE OWNED 2 ACURA MDX'S AND BOTH GAVE LOUD WARNINGS WHEN THE CAR IS PUT INTO DRIVE AND THE LIFT GATE IS OPEN. I BELIEVE THIS IS AN OBVIOUS SAFETY OVERSIGHT BY MERCEDES IN THEIR DESIGN AS THE TAILGATE WARNING DOES NOT COME ON UNTIL A CERTAIN SPEED IS REACHED. THE WARNING SHOULD BE EVIDENT THE MOMENT THE CAR IS PUT INTO DRIVE. I BELIEVE THIS IS A SERIOUS SAFETY DESIGN FLAW THAT COULD LEAD TO INJURIES IF SOMEONE, OR EVEN A DOG, WAS IN THE BACK AND THE CAR DROVE FORWARD WITH THE LIFT GATE OPEN. I JUST SPOKE WITH A MERCEDES CUSTOMER SERVICE REPRESENTATIVE, AND SHE INDICATED THAT THIS IS A 'SPEED SENSITIVE' FUNCTION AND 'YES' YOU COULD BE DRIVING WITH THE LIFT GATE OPEN UP TILL THAT SPEED IS REACHED AND YOU WOULD NOT RECEIVE ANY WARNING AT ALL. IF I HAD PUT MY DOG OR ANYTHING IN THAT CARGO AREA AND STARTED TO DRIVE AWAY, THE WARNING WOULD COME ON TOO LATE TO PREVENT WHATEVER WAS BACK THERE FROM 'FALLING OUT'. THAT'S A SAFETY FLAW WITH A POTENTIAL OF INJURIES. MY OTHER CARS, INFINITI AND ACURA BOTH GIVE WARNINGS WHEN ANY DOOR OR LIFT GATE IS OPEN. PLEASE NOTIFY MERCEDES TO FIX THIS OBVIOUS SAFETY FLAW THAT ALL OTHER MANUFACTURERS HAVE SEEM TO HAVE FIXED. THANK YOU *TR