On appeal from conviction in East Paterson Municipal Court.
The defendant brings this appeal in order to reverse a conviction in the Municipal Court of East Paterson. There was agreement upon the facts, as follows:
(a) Defendant was a resident of the State of New York.
(b) Defendant's automobile was registered in the State of New York, in accordance with the law respecting the registration of motor vehicles of the State of New York, and had conspicuously displayed thereon registration.
(c) The stepson of the defendant was driving defendant's automobile with the permission of the defendant at the time of the alleged violation.
(d) At the time of the alleged violation the stepson of the defendant was 17 years of age and had in his possession a junior operator's license, which had been issued to him by the Commissioner of Motor Vehicles of the State of New York.
The defendant was charged with the violation of R.S. 39:3-39, the second paragraph of which is as follows:
"No person owning or having control or custody of a motor vehicle registered as provided in this subtitle shall allow the vehicle to be operated by a nonlicensed driver, on the penalty of a fine of not less than $50 nor more than $100."
The question for the determination of the court is whether, by reason of the facts stated in paragraph (d), defendant allowed his motor vehicle to be operated by a non-licensed driver.
Under date of November 1, 1951, William J. Dearden, Acting Director of the Division of Motor Vehicles of the Department of Law and Public Safety of the State of New Jersey, issued a directive to the effect that "no New York
State licensed driver under 18 years of age can legally operate a motor vehicle on the streets and highways of this State. Any such person apprehended while operating a motor vehicle in this State is ...