# § 39. Traffic signal preemption transmitters
**(a)** **Offenses.—**
**(1)** **Sale.—** Whoever, in or affecting interstate or foreign commerce, knowingly sells a traffic signal preemption transmitter to a nonqualifying user shall be fined under this title, or imprisoned not more than 1 year, or both.
**(2)** **Use.—** Whoever, in or affecting interstate or foreign commerce, being a nonqualifying user makes unauthorized use of a traffic signal preemption transmitter shall be fined under this title, or imprisoned not more than 6 months, or both.
**(b)** **Definitions.—** In this section, the following definitions apply:
**(1)** **Traffic signal preemption transmitter.—** The term “traffic signal preemption transmitter” means any mechanism that can change or alter a traffic signal’s phase time or sequence.
**(2)** **Nonqualifying user.—** The term “nonqualifying user” means a person who uses a traffic signal preemption transmitter and is not acting on behalf of a public agency or private corporation authorized by law to provide fire protection, law enforcement, emergency medical services, transit services, maintenance, or other services for a Federal, State, or local government entity, but does not include a person using a traffic signal preemption transmitter for classroom or instructional purposes.
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**Source Credit**: (Added Pub. L. 109–59, title II, § 2018(a), Aug. 10, 2005, 119 Stat. 1542.)
## Editorial Notes
### Codification
Another section 39 was renumbered .