Software problems of the 2009 Smart Fortwo

The vehicle fails intermittently to shift from brake to reverse or from reverse to drive. When the failure occurs, all that is seen on the front dashboard is a blank screen and the car alert systems lets out a continuous beeping denoting the failure of the shift. It sometimes requires immediate turning off of the engine and restarting in order to get to the desired gear. Seldom that does not work, and turning off and waiting 10 minutes seems to allow gear shifts. This is dangerous especially in the reverse to drive failure as when coming out of a driveway on a busy road, it may cause an accident. This has occurred after warranty and I was told there is a Mercedes Benz software upgrade meant to solve it. But this is a charged service. As a safety issue, I implore that this should not be a charged but required safety recall. Upon viewing the complaints it seems a few other suffer the same degree of failures. As the car is a niche brand, the consumer base is smaller and you do not have as large a complaint pool as a Honda accord, which is fairly popular and has a large consumer base. I humbly request the nhsta make daimler ag and Mercedes Benz USA responsible to repair this and have every Smart on the road's transmission software upgraded free of cost.