
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC21304]

 
                        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
        
    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, Sec. 1(e), July 5, 1994, 108 Stat. 893.)

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

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

                  Section Referred to in Other Sections

    This section is referred to in sections 21301, 21302, 21303 of this 
title.
