There is numerous safety issues as to why the forks should be lowered and tilted flush with the floor. As for the lifts that cannot be operated without someone being in the seat. All major manufacturers have or will go the a (PDS) Presense Detection System due to liability and the market being driven that way. Of course from being in the business for 25 yrs., I'm aware that they'll be older lifts out there without this for many years to come. As I stated in my post above, it is the law to do this. It's clearly states this in the OSHA Standard. As a Product Support Rep. and Factory Trained Trainer with three different OEM's that I represent, I must incorporate all of this into my Safety Training Class's.