Found this on the MOT regs site, looks like some testers bend the rules!!
This inspection applies to; all machines except those which have neither front nor rear position lamps, or has such lamps permanently disconnected, painted over or masked that are (see 1.1).
Exemptions
For this test if a stop lamp is fitted, it must meet the requirements of this inspection, but need not be fitted to a machine which:
a. cannot exceed 25mph, or
b. was first used before 1 January I936.or
c. was first used before 1 April 1986 and which has an engine capacity of less than 50cc.
Operation
Stop lamps may operate in conjunction with either the front or the rear brake, or both. On machines first used on or after 1 April 1986, the stop lamps must operate by the application of each system.
On machines without a battery or with an insufficiently charged battery, it will be necessary to run the engine.
Its pretty black and white in print.