A TAXI driver has criticised a council for wasting taxpayers' money after he took them to court over his car windows - and won.

John Stoddart, of Galaxy Cars, was refused a hackney carriage licence by Darlington Borough Council, in May, because they said the windows in his Ford Galaxy were not a standard tint and were too dark.

Mr Stoddart appealed against the authority's decision because he said the windows in his car were fitted as standard by Ford.

At Teesside Crown Court yesterday, Jonathon Walker, for Darlington Borough Council, said the authority did not allow taxis to have dark tinted glass for safety reasons.

Barry Pearson, Darlington council's commercial licensing manager, told the court that standard tint meant glass that allowed 70 per cent light transmission.

But he admitted this figure is not included in the council's licensing conditions.

The court also heard there were vehicles with dark tinted glass on the road, which had been incorrectly licenced by the authority.

Judge Michael Bowerman allowed the appeal and ordered the council to grant Mr Stoddart his licence and pay his £1,900 legal bill.

Afterwards, Mr Stoddart said: "This has cost me three months in earnings on this car, so I'm very pleased that common sense has prevailed.

"It's another court case lost by Darlington Borough Council, costing yet more thousands of pounds to the taxpayer. This was bureaucratic stupidity on the part of the council."

It was the second appeal the council has lost in as many months.

Taxi driver Malcolm Kaye won his appeal against Darlington council last month, after it refused to grant him a licence, because he would not take the controversial Driving Standards Agency (DSA) test.

This has led to eight further appeals being lodged against the council.

Cabbies say they are being forced out of business by authorities demanding they take the £47 DSA test.

Councillor Nick Wallis, Darlington council cabinet member for highways and transport, said the authority would be refining its policy on tinted windows.

But he said the council may go to a higher court to appeal against Bishop Auckland Magistrates' decision on Mr Kaye's case over the DSA tests.

He said: "This is absolutely not a waste of money. Sometimes, matters of public safety like this have to be tested in court."