TAXI drivers were celebrating last night when a cabbie won a landmark court hearing after a long-running battle with a council over the introduction of a controversial test.

Malcolm Kaye won an appeal against Darlington Borough Council's decision not to renew his Hackney carriage licence because he refused to take the strict Driving Standards Agency test.

Victory for the 53-year-old, who has 33 years experience in the industry, was hailed as good news for taxi drivers across the region, who say they are being forced out of work by councils demanding they take the £47 test.

Magistrates, sitting at Bishop Auckland, County Durham, said the council acted beyond its powers by insisting Mr Kaye produced an advanced test pass certificate to gain a new licence.

Gerry Hunter, from Amicus, the union backing Mr Kaye and two other drivers, whose cases will be heard at Darlington next week, hopes the council will now drop the controversial tests.

He said: "If the council still wants to pursue this policy, we will challenge every time and seek legal costs every time."

Jill Taylor, representing the council, said the testing policy was introduced for the benefit of public safety.

But Yvonne Brown, for Mr Kaye, said there was no proof taxi drivers were prone to more serious accidents.

She said it would run the greater risk to public safety by encouraging unauthorised drivers and creating a shortage in taxis.

Speaking afterwards, Nick Wallis, the council's cabinet member for transport, said: "The council introduced the DSA test after consultation not only with taxi drivers, but with passengers and road user groups.

"I'm astonished we haven't won and we will have to go back and look at the judgement to consider if we should be taking this to an appeal."