If the leveling system isn't there then it is defective imo , i can find enough to say they are illegal as i can legal so feel free to challenge me

I understand that but as it's not defective as it's not there, from experience and from some of the terms in the 2012 MOT guidelines you would have to give the benefit of the doubt to the car owner and pass it.

Obviously I'm not an MOT tester so that's not 100% accurate and I'm not bashing you Nutkin mate. If I was to buy HIDs, as its such a grey area I'd just remove them for MOTs, if they are found to be illegal and someone can prove it then I'd take them off my car.

For now, at this current time they are legal, I'm sure that will probably change in the future but I'm sure people will deal with that when it happens.

Link for the 2012 MOT guidelines that should work
 
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those guidelines are close but i believe they are not official as we will recieve the official booklet in march.

http://www.dft.gov.uk/vosa/repository/technicalpenpicture3-lighting.pdf

This is the VOSA document explaining changes.

This raises the question of whether these checks apply to vehicles fitted with after-market HID lighting kits. These kits convert conventional halogen headlamps to HID Xenon and they are widely sold and fitted to vehicles used on the road. The Department for Transport considers that after-market systems should be required to meet the same safety standards as that applied in respect of these lamps at vehicle Type Approval. Therefore, in order to pass the MOT test, vehicles fitted with after-market HID systems would also need to be fitted with headlamp cleaning and self-levelling systems. Some high specification estate cars are fitted with a self-levelling suspension system and this would be considered as adequate for the purpose.

The presence and operation of these headlamp cleaning and levelling devices has been added to the test. Therefore, if a mandatory headlamp levelling or cleaning device is missing, inoperative or otherwise obviously defective, the vehicle will fail.


This is not regulation, but explains changes which would be enough to back up any fail due to the unclear writing in regulations.

So as far as some people see it as black and white it is still very much a grey area In my opinion.