Title 49TransportationRelease 119-73

§21304 Willfulness requirement for penalties against individuals

Title 49 › Subtitle SUBTITLE V— - RAIL PROGRAMS › Part PART A— - SAFETY › Chapter CHAPTER 213— - PENALTIES › Subchapter SUBCHAPTER I— - CIVIL PENALTIES › § 21304

Last updated Apr 6, 2026|Official source

Summary

Fines apply only to violations done on purpose. Following a railroad supervisor's direct order while protesting it doesn't count as on purpose, and you may document the protest.

Full Legal Text

Title 49, §21304

Transportation — Source: USLM XML via OLRC

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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 2130445:6 (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.

Reference

Citations & Metadata

Citation

49 U.S.C. § 21304

Title 49Transportation

Last Updated

Apr 6, 2026

Release point: 119-73