49-U.S.C.-21304
§21304 – Willfulness Requirement For Penalties Against Individuals
Pathway
Title 49 > Subtitle V > Part A > Chapter 213 > Subchapter I > Section 21304
Details
- Reference: Section 21304
- Legend: §21304 – Willfulness Requirement For Penalties Against Individuals
- USCode Year: 2013
Provision Content
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.)
| 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.
U.S. Encyclopedia of Law Coverage
49-U.S.C.-21108 in the Legal Encyclopedia: Transportation
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49-U.S.C.-21107 in the Legal Encyclopedia: Transport Programs
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49-U.S.C.-21302 in the Legal Encyclopedia: Rail Programs
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Chapter 213 – Penalties in the Legal Encyclopedia: Penalties
In this entry about Chapter 213 – Penalties, find legal reference material, bibliographies and premiere content related to penalties in the American Encyclopedia of Law, presenting a comprehensive view of the United States penalties-specific issues, written by authorities in the field.
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