Taxi drivers in Darlington are threatening to strike if the council introduces a new driving test for cabbies.
Members of Darlington's cabinet will meet next week to discuss proposals to introduce the Driving Standards Agency taxi driver test.
Officers will recommend that all new cabbies, or those who have driven a taxi for less than six months, take the extended test before being given a licence. Other drivers would have to take the test when they renew their licence.
Mick Kennedy, chairman of the Darlington Independent Taxi Traders' Organisation, said the group supports the introduction of the test for new drivers, but not for experienced cabbies.
And he believes that if the rule is introduced, the council would be breaking the law. He has found two examples of previous cases where the courts ruled against councils wanting to attach conditions when granting licences, which he says support his position. And he says the council would not be able to introduce a byelaw.
Mr Kennedy said his information should be made available to cabinet members so they can make a more informed decision.
He said: "I want the elected members to see these documents because if they don't the officers are going to mislead the council.
"We have been speaking to a barrister and he said they can't introduce this under section four of the Human Rights Act."
Mr Kennedy, who said his members do support the introduction of a Driver Improvement Scheme for bad drivers, added that the council could face a legal challenge if the rule proposal is approved.
He said: "We've already warned the council that there's going to be a general strike. If this is passed we will fetch this town to a standstill."
A spokeswoman for the council pointed out that there had been extensive consultation with taxi drivers and other interested groups before this stage and stressed that no decision had yet been taken.
She also said that Mr Kennedy's evidence would be circulated to members ahead of the meeting, but that council solicitors believe the cases are not relevant.
She added: "We are listening to what they have got to say. We are meeting them and involving them, but improving standards in public safety are paramount to the services we want to ensure are delivered in Darlington
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