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.

(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.