49 U.S. Code § 21304 - Willfulness requirement for penalties against individuals

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A civil penalty under this subchapter may be imposed against an individual only for a willful violation. An individual is deemed not to have committed a willful violation if the individual was following the direct order of a railroad carrier official or supervisor under protest communicated to the official or supervisor. The individual is entitled to document the protest.

Source

(Pub. L. 103–272, § 1(e),July 5, 1994, 108 Stat. 893.)

Historical and Revision Notes
Revised Section Source (U.S. Code) Source (Statutes at Large)
21304
45:6 (1st sentence words between 23d and 24th commas, 2d sentence words after 2d comma, 3d sentence).
Mar. 2, 1893, ch. 196, § 6 (1st sentence words between 23d and 24th commas, 2d sentence words after 2d comma, 3d sentence), 27 Stat. 532; restated June 22, 1988, Pub. L. 100–342, § 13(1)(F), 102 Stat. 630; Sept. 3, 1992, Pub. L. 102–365, § 9(a)(3), 106 Stat. 977.
45:13 (1st sentence words after last comma, 3d, 4th sentences).
Apr. 14, 1910, ch. 160, § 4 (1st sentence words after last comma, 3d, 4th sentences), 36 Stat. 299; June 22, 1988, Pub. L. 100–342, § 13(3)(C)(iii), (v), 102 Stat. 632.
45:34 (1st sentence words after last comma, 3d, 4th sentences).
Feb. 17, 1911, ch. 103, § 9 (1st sentence words after last comma, 3d, 4th sentences), 36 Stat. 916; June 22, 1988, Pub. L. 100–342, § 14(7), 102 Stat. 633.
45:43 (1st sentence words after last comma, 3d sentence words after 5th comma, 4th sentence).
May 6, 1910, ch. 208, § 7 (1st sentence words after last comma, 3d sentence words after 5th comma, 4th sentence), 36 Stat. 351; Sept. 13, 1960, Pub. L. 86–762, § 3, 74 Stat. 904; restated June 22, 1988, Pub. L. 100–342, § 15(4), 102 Stat. 634.
45:64a(a)(1) (1st sentence words after last comma, 5th sentence words after last comma, 6th sentence).
Mar. 4, 1907, ch. 2939, § 5(a)(1) (1st sentence words after last comma, 5th sentence words after last comma, 6th sentence), 34 Stat. 1417; restated June 22, 1988, Pub. L. 100–342, § 16(6)(A), 102 Stat. 635.
45:438(c) (2d, 9th, last sentences).
Oct. 16, 1970, Pub. L. 91–458, § 209(c) (2d, 8th, last sentences), 84 Stat. 975; June 22, 1988, Pub. L. 100–342, § 3(a)(3)(A), (C), 102 Stat. 624; Sept. 3, 1992, Pub. L. 102–365, § 4(c)(1), 106 Stat. 974.
49 App.:26(h) (1st sentence words after last comma, 4th sentence words after last comma, 5th sentence).
Feb. 4, 1887, ch. 104, 24 Stat. 379, § 25(h) (1st sentence words after last comma, 4th sentence words after last comma, 5th sentence); added Feb. 28, 1920, ch. 91, § 441, 41 Stat. 498; restated Aug. 26, 1937, ch. 818, 50 Stat. 837; Sept. 18, 1940, ch. 722, § 14(b), 54 Stat. 919; June 22, 1988, Pub. L. 100–342, § 17(7), 102 Stat. 636.

The word “official” is added the 2d time it appears for consistency in this section.

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


49 CFR - Transportation

49 CFR Part 214 - RAILROAD WORKPLACE SAFETY

49 CFR Part 216 - SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, LOCOMOTIVE AND EQUIPMENT

49 CFR Part 219 - CONTROL OF ALCOHOL AND DRUG USE

49 CFR Part 220 - RAILROAD COMMUNICATIONS

49 CFR Part 222 - USE OF LOCOMOTIVE HORNS AT PUBLIC HIGHWAY-RAIL GRADE CROSSINGS

49 CFR Part 223 - SAFETY GLAZING STANDARDS—LOCOMOTIVES, PASSENGER CARS AND CABOOSES

49 CFR Part 228 - HOURS OF SERVICE OF RAILROAD EMPLOYEES; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS

49 CFR Part 229 - RAILROAD LOCOMOTIVE SAFETY STANDARDS

49 CFR Part 231 - RAILROAD SAFETY APPLIANCE STANDARDS

49 CFR Part 232 - BRAKE SYSTEM SAFETY STANDARDS FOR FREIGHT AND OTHER NON-PASSENGER TRAINS AND EQUIPMENT; END-OF-TRAIN DEVICES

49 CFR Part 234 - GRADE CROSSING SAFETY, INCLUDING SIGNAL SYSTEMS, STATE ACTION PLANS, AND EMERGENCY NOTIFICATION SYSTEMS

49 CFR Part 236 - RULES, STANDARDS, AND INSTRUCTIONS GOVERNING THE INSTALLATION, INSPECTION, MAINTENANCE, AND REPAIR OF SIGNAL AND TRAIN CONTROL SYSTEMS, DEVICES, AND APPLIANCES

49 CFR Part 238 - PASSENGER EQUIPMENT SAFETY STANDARDS

49 CFR Part 239 - PASSENGER TRAIN EMERGENCY PREPAREDNESS

49 CFR Part 240 - QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS

49 CFR Part 241 - UNITED STATES LOCATIONAL REQUIREMENT FOR DISPATCHING OF UNITED STATES RAIL OPERATIONS

49 CFR Part 242 - QUALIFICATION AND CERTIFICATION OF CONDUCTORS

 

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