Just a thought, but is the height of the fog lights an issue?
I ask because when they are fitted up under the beak they are higher than the measurments stated in the Construction & Use regulations.
It also states that additional fog lights (not driving or spots) must have a visual aid to notify the driver that they are on and should not be used as day time running lights unless the conditions support there use, ie fog, falling snow etc.
For sure plently of car drivers have been prosecuted for driving around with just the side lights and fog lights on during the day, purely coz it looks cool.
Whilst I am sure that the MOT tester "might" not say anything if "plod" was sharp eyed * had his arse in his hand it could be?
My two pence worth!
That said I have fog lights mounted under the beak and I ride with them on during the day!
BTBR