Chris,
Yes, I have no doubt that MOT tests/testers will "PASS and Overlook" matters and referred to that fact in my initial submission. It is one of them facts of life that the law is often an "!Removed!" and can be interpreted to fit the circumstances. Further fact is that in this day and age, who is going to "police/monitor" the situation. Answer, nobody because there are just not enough personnel in the relevant service/departments to do.
All the best, John