The news dweebs may have mangled the details.
If the truck was actually put 'out of service' by the police or DOT, it can't be moved until it's repaired, and there is usually a varying procedure for verifying it was fixed, BEFORE it can be moved.
If he knowingly operated that truck with bad brakes, even worse in a hilly area, it's criminal.
"Officials say the tractor trailer’s driver, Allen R. Kirkpatrick, 74, of Wyalusing, P.A., was issued a ticket for operating an out of service vehicle. The New York State Police Commercial Vehicle Enforcement Unit will handle further investigation and ticketing, if necessary."
The ticketing and charges aren't over, yet.
He's lucky there were no serious injuries, but the lawsuits and damage claims will run into the millions.
That accident happened at the bottom of a moderate downhill section. The road splits into three separate highways, non or which are hairpin turns, but you have to slow down.
The speed limit in this area is 55, and maybe drops before that interchange.
Other news sources states:
"Federal Motor Carrier Safety Administration records obtained by the Press & Sun Bulletin show the tractor-trailer, owned by Wyalusing Transport based out of Pennsylvania, has a record of citations for trucking regulations violations."