The classification of advisories changes Steve. If you have a ‘dangerous’ fault from 20 May, it is the opinion of the tester that will prevent you legally driving the car away:
The critical word here is "opinion", courts only work on facts/proof. The current MOT fail system has a facility to list faults as "dangerous" and some faults MUST be so listed, regardless of tester opinion. So really, not much has changed! And there is STILL NOTHING that can LEGALLY prevent you removing your vehicle from a testing station, if you choose to drive it, that's your prerogative! This right is enshrined in common law, rather than DVSA regs (the car is YOUR property and the garage has no right to effectively "confiscate" it) so that takes precedence.
With only 5 weeks to go till these rules are implemented, DVSA is STILL squabbling with itself and others about HOW it will work (particularly the brake fluid check but some others as well) and up to Monday, (the last time I was at a testing station to ask) NO instructions have so far reached the men on the front line, the testers!
In other news, the Carledo passed it's MOT on Monday with no advisories (insert "smug" smiley here)