Haven`t you already answered your own question? Just wire the low beam into the ignition positive, so even when the switch is set to off, the light stays on.
If the bike`s legally registered, and the tester reasonable, then surely you can explain that as a non-domestic bike it had to be modified and that the switch is now disabled.
Either that, or screw a big 'self tapper' into the switch to stop it being operated!
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There`s no cure for stupidity… but with the endless supply of stupid people around me, I must be close to finding it!
The Lizard tells it like it is!
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Vampire?