(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. (Added Pub. L. 109–59, title II, § 2018(a) , Aug. 10, 2005 , 119 Stat. 1542 .) Editorial Notes Codification Another section 39 was renumbered section 40 of this title .