You're both wrong in this instance. the DVLA think that the second one contravenes the Construction and Use regulations in force at the time it was made. The law states that if ABS (Or any other specified equipment) is fitted to a vehicle by the manufacturers, it must be maintained in working order at all times. Read the words on a test certificate. They say that the certificate is evidence that the items tested were in a satisfactory condition *at the time of the test*. The required test items are laid down in the testers' manual issued by VOSA, and also, now, by the computer program which the tester has to access and have running while the test is under way. This has, for example, details on whether a particular vehicle should have ABS, and what the sequence of operation of the warning light should be or whether it should have a catalytic converter fitted, and what exhaust emissions are permitted for that vehicle. It is *not* a certificate of roadworthiness, or conclusive proof that the vehicle complies with the Construction and Use regulations.