Steelman, if your car is in the UK, it is NOT a failure.
It is however a failure in NI. Which caused problems for cars with OEM HIDs and no levelling...
I have done some more research this morning and come up with the following from VOSA....
There was a change to MOT regs in March...
"6)The test in Great Britain is required to comply with the European Framework Directive on periodic technical inspection. In this regard the annual test is to be amended in April this year to include the satisfactory operation of automatic levelling and washing systems where these are fitted. However, these systems are not mandatory for all vehicles fitted with HID lamps as it is dependant on light output and/or suspension movement. As it is not possible for a tester to determine at the time of test (annual or roadside) whether these components are required, there is no reason for rejection, either in the directive or the amended manual.
7) In respect of lamp colour, HID headlamps are considerably brighter than conventional headlamps and tend to produce a whiter light, although they may appear to have a blue tint. This is perfectly acceptable provided the bulbs are ‘E’ marked, but it is not possible to determine this at annual test, as dismantling is not allowed. It is only where a headlamp is clearly an incorrect colour where it will fail.
8 ) Satisfactory operation of the dipped and main beam headlamps is also part of the test and includes switching between the two functions. Therefore, if a headlamp does not operate immediately when switched between dipped and main beams, or vice versa, then this would result in a test failure"
You were spot with regard to the levelling and washers David... They only need to be tested where fitted. As stated in point 6 above.
I am ok for point 7!!!
But point 8 is a real stumbling block which I won't be able to get around (this was also mentioned on the MOT refusal sheet).
There is a delay when selecting the dipped beam due I think to the bulbs warning up!
Like I said above I think I'll try the upgraded bulbs first to see what they are like before I decide whether to swap everything over annually.