CABBIES have accused Darlington Borough Council of 'acting outside the law' by ordering them to take a controversial driving test.

The Driving Standards Agency tests were introduced last November for new drivers and in April this year for experienced cabbies whose licences were up for renewal.

But a group of drivers, led by independent taxi proprietor George Jenkinson, says the council is in breach of two laws, the Local Government (Miscellaneous Provisions) Act 1976 and the Road Traffic Act 1988.

"The law states that provided you have held a driving licence for one year that is all you need to be a hackney carriage driver," said Mr Jenkinson, who won a legal battle against the council last year over his taxi's colour.

"The law doesn't make taxi drivers sit an additional test so neither can Darlington Borough Council. I think the council is acting outside of the law."

Mr Jenkinson is seeking advice but believes he won't be able to take legal action until the council decides to prosecute a driver for not sitting the test.

"Already you have people who won't take the test and I think there'll be more to come," he said. "What will they do if we all refuse to do it?"

Ken Mace, 61, is refusing to sit the test. His licence has been temporarily extended while he appeals against the council's ruling.

"I have driven for 43 years and have always had a clean licence," he said. "A 40-minute driving test isn't going to make me any better of a driver. I just think they are being awkward about it."

Mr Mace, of Middleton St George, said he was worried he would fail the test due to bad habits.

"You pick up habits in 40-odd years of driving but it doesn't mean you're not a safe driver. They are failing people for stupid things and just putting people out of work willy-nilly.

"This test isn't law so why should I sit it?"

A council spokesman said the authority was allowed by law to attach pre-conditions to a hackney carriage licence.

"The test is just one of those pre-conditions. Without them there would be no way of making sure the public is safe."