A UNION that was backing taxi drivers opposing a council over a controversial driving test has stopped short of going to the Court of Appeal.

The decision by Amicus means the two-and-a-half-year battle between taxi drivers and Darlington Borough Council is almost certainly over.

The drivers were angry when the council imposed a practical driving test, which had a 50 per cent pass rate, on them in 2002.

They said the test was a poor indication of ability and that it did not made them better drivers.

Long-serving cabbies had asked for "grandfather rights", which would have made them exempt from the test, but the council refused.

The row went to Bishop Auckland Magistrates' Court, where the test was declared unlawful.

Earlier this month, that decision was overturned in the High Court.

Yesterday, the Amicus union, which is backing the taxi drivers, said it would not continue the case in the Court of Appeal.

Amicus official Gerry Hunter said: "Our barristers have been over the full judgement and, sadly, they feel we do not have a reasonable prospect of success.

"We are very sorry, but we just cannot take it on any further."

While the case was ongoing, the test was suspended, but the council yesterday said that every taxi driver in Darlington who has not passed the test must now have to pass it during the next financial year to get a new licence.

The High Court decision has set a national precedent.

Across the country, 40 councils use the test, but Darlington was the only council to impose it on long-serving taxi drivers.

Councillor Nick Wallis, the cabinet member for highways and transport, said: "This is good news. Our policy has been upheld by the court. It is legal and it is right.

"Nearly half the taxi drivers in Darlington have already passed the test. We hope more drivers will follow their example."

The case centred on taxi driver Malcolm Kaye, 54, who has an exemplary record.

His case has been referred back to magistrates to be heard as an "exceptional case", which would mean he was exempt from the test.

Last night, he said: "I will not sit this test, it is ridiculous, I have been a cab driver for 35 years. If I lose, I will go on the dole and let ratepayers support me. I am not scared, it is the principle."

Taxi driver George Jenkinson said: "I hope Darlington people will realise at the next election that Labour voted this in. Hopefully, new people will get in and we can negotiate with them."