No it isn't, and if anyone tipped off VOSA your tester will be visited and if the spot-check inspector found any such mal-practice he'd lose his license. Construction and Use regulations clearly prohibit any exhaust gases leaving the car without first having passed through a silencer. The sentence in the regulations is written in plain English with no wooliness, so it's not open to interpretation whatsoever, and thus a flexijoint leak is an automatic fail.
Yeah its weird? If you google 'mot exhaust leak', all results say that a small leak is ok and only a fail if major leak or effects noise or emissions.
But then the Construction and Use regulations site does clearly state that any leak of gasses before passing through silencer is a no-no:
http://www.legislation.gov.uk/uksi/1986/1078/regulation/54/made
Are these regulations supposed to be the 'law' for mots? Or a sort of general set of rules regarding cars in the uk?
I get ya
And believe me I was very surprised when my car came back from garage with mot and the exhaust pipe I left on passenger seat for them to fit still on the passeger seat lol.
Ahh Cornwall... minimum bribe level = one pasty!
There are probably a lot of testers out there who do apply a lot of interpretation to things, whether it's there to be interpreted or now. Things like "excessive movement" in a bush, for example, are very subjective. Things like exhaust gas getting out ahead of the tail pipe are not really things you can interpret differently.
Ultimately, it comes down to the tester. Those who appear like "jobsworths" are just making sure they keep their testing licenses. Those who let things go are taking a (small) risk. It's like a taxi driver speeding - if you want to make sure you keep your livelihood you'll stick within the speed limits, but many taxi drivers will speed to some extent same as anyone else for that matter and it's really that individual's perception of the risk and consequence of being caught out.