49 U.S.C. § 21304 — Willfulness requirement for penalties against individuals
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 59 words · no verdicts yet
An individual can only face a civil penalty under this subchapter for a willful violation. If the person was following a direct order from a railroad official, under protest, that's not a willful violation. The individual has the right to put that protest in writing.
A civil penalty under this subchapter can only be imposed on an individual for a willful violation. If the individual was following a direct order from a railroad official or supervisor, and objected to that order at the time, the violation isn't considered willful. The individual has the right to document that protest in writing.
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.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 893
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.
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