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2021 US Code
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

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Citation 49 U.S.C. § 21304 (2021)
Section Name §21304. Willfulness requirement for penalties against individuals
Section Text

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 Credit

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 893.)
Editorial Notes
Historical and Revision Notes
Revised SectionSource (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.
Publication Title United States Code, 2018 Edition, Supplement 3, 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 2021
Laws In Effect As Of Date January 3, 2022
Positive Law Yes
Disposition standard
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 Law References Public Law 86-762, Public Law 91-458, Public Law 100-342, Public Law 102-365, Public Law 103-272
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