Is a broken third brake light an MoT fail?

Can you please advise whether the below legislation is still current with regards to the third brake or high brake light? This would be for a vehicle that was first registered in 2010 .

The 3rd brakelight is an 'optional lamp' and it is not obligatory under the Road Vehicles Lighting Regulations 1989 (loads of cars still only have 2 after all). Only these two obligatory positional brake lights are required to be fitted and maintained.

More specifically I am querying whether a driver can be stopped and fined by the police in the event the third brake light is not working but the main two brake lights are.

Asked on 30 January 2024 by T Khan

Answered by David Ross
In respect of the MoT test, a high-level third brake light is considered optional but if one is fitted and connected it must work, so it is possible that the police could stop and fine a driver for a non-functioning third brake light as it does not meet the regulations.
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