AN appeal by a council seeking to colour code a city's taxi fleet over-ran its time allocation at Crown Court last night.

A further sitting has now been arranged to complete the hearing over the proposed uniform colour rule for all Durham city's licensed hackney carriages - but the court costs meter is still running.

The city council wants to fall into line with several neighbouring authorities by insisting on all hackney carriage cabs being white.

It believes that a uniform colour will offer easier recognition of licensed hackney carriage vehicles and improve safety for the travelling public.

The council's cabinet approved the move last August, despite objections of many of the city's smaller taxi operators.

One of them, Adrian Fets, who is chairman of Durham Independent Taxi Association, successfully appealed against that decision at a two-day hearing at the city's magistrates' court, last November.

The city council lodged an appeal against the magistrates' decision, and two days were set aside at Durham Crown Court this week for the hearing.

Councillor Roger Pape gave evidence yesterday, as chairman of the city's economic scrutiny panel.

Asked by Judge Maurice Carr: "Can you tell me, in a nutshell, why the council, after all these years, decided to bring in a colour policy, and specifically white?"

Coun Pape replied: "There had been few changes in conditions on hackney carriages over the years.

"We have tried to introduce a de-regulation and bring in quality controls, taking in wider issues of public safety and recognition issues."

Former city council senior transportation manager Dave Stewart referred to a survey revealing that only 12 per cent of respondants were aware of the legal difference between hackney carriage and private hire vehicles.

"In my professional opinion the most readily available way of distinguishing between the two types is in colour."

He said he was aware, following "heated" meetings, that the move would not be universally popular.

As only the council case was completed by the end of proceedings last night, the hearing was adjourned to hear Mr Fets' response, at a further two-day sitting, at Consett Magistrates' Court, at the end of the month.

Appeals lodged by 26 other taxi drivers against the council's original ruling are now on hold awaiting the outcome of the case