18 U.S.C. § 39
Section 39 · Traffic signal preemption transmitters
Amended 1 time on record
Applied in 3 court decisions — leading case Vermilya-Brown Co. v. Connell (1948)
Most recently applied in United States v. Baca (October 2018)
(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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Codification
Another section 39 was renumbered section 40 of this title.