2014 US Code
Title 49 - Transportation (Sections 101 - 80504)
Subtitle V - Rail Programs (Sections 20101 - 28505)
Part A - Safety (Sections 20101 - 21311)
Chapter 213 - Penalties (Sections 21301 - 21311)
Subchapter I - Civil Penalties (Sections 21301 - 21304)
Sec. 21304 - Willfulness requirement for penalties against individuals

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Metadata

Publication Title	United States Code, 2012 Edition, Supplement 2, Title 49 - TRANSPORTATION
Category	Bills and Statutes
Collection	United States Code
SuDoc Class Number	Y 1.2/5:
Contained Within	Title 49 - TRANSPORTATION SUBTITLE V - RAIL PROGRAMS PART A - SAFETY CHAPTER 213 - PENALTIES SUBCHAPTER I - CIVIL PENALTIES Sec. 21304 - Willfulness requirement for penalties against individuals
Contains	section 21304
Date	2014
Laws In Effect As Of Date	January 5, 2015
Positive Law	Yes
Disposition	standard
Source Credit	Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 893.
Statutes at Large References	24 Stat. 379 27 Stat. 532 34 Stat. 1417 36 Stat. 299, 351, 916 41 Stat. 498 50 Stat. 837 54 Stat. 919 74 Stat. 904 84 Stat. 975 102 Stat. 624, 630, 632, 633, 634, 635, 636 106 Stat. 974, 977 108 Stat. 893
Public and Private Laws	Public Law 86-762, Public Law 91-458, Public Law 100-342, Public Law 102-365, Public Law 103-272

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49 U.S.C. § 21304 (2014)

§21304. Willfulness requirement for penalties against individuals

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.

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