Browse Arkansas Code titles and sections
49 U.S.C. § 21304 — Willfulness requirement for penalties against individuals
Federal law — U.S. Code and appendices · legal_authorities
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: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 21304
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: d5d1cd13ddad090ba32fef09fee71028dd19d4f5399aeb61478418fe4ddce1b7. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_d4aad06be96074ed77f5a76c
Source file: Laws/federal/codes/united-states-code/title-49/section-21304-willfulness-requirement-for-penalties-against-individuals--3423217722.md
Pages: Not recorded – Not recorded
Passage SHA-256: 6c667a457a38f8997a6c01dd08ed05a85a4034b9ff4fc007d7612985f33e3651
Source location: Title 49, Chapter 213, § 21304; chapter-213-penalties.md
Stored source 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.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Penalty.—**
(1) A person may not fail to comply with section 20160 or with a regulation prescribed or order issued by the Secretary of Transportation under chapter 201 of this title. Subject to [section 21304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section21304&num=0&edition=prelim), a person violating [section 20160 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20160&num=0&edition=prelim) or a regulation prescribed or order issued by the Secretary under chapter 201 is liable to the United States Government for a civil penalty. The Secretary shall impose the penalty applicable under paragraph (2) of this subsection. A separate violation occurs for each day the violation continues.
(2) The Secretary shall include in, or make applicable to, each regulation prescribed and order issued under chapter 201 of this title a civil penalty for a violation. The Secretary shall impose a civil penalty for a violation of [section 20160 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20160&num=0&edition=prelim). The amount of the penalty shall be at least $500 but not more than $25,000. However, when a grossly negligent violation or a pattern of repeated violations has caused an imminent hazard of death or injury to individuals, or has caused death or injury, the amount may be not more than $100,000.
(3) The Secretary may find that a person has violated this chapter or a regulation prescribed or order, special permit, or approval issued under this chapter only after notice and an opportunity for a hearing. The Secretary shall impose a penalty under this section by giving the person written notice of the amount of the penalty. The Secretary may com
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 21301
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Penalty.—**
(1) Subject to [section 21304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section21304&num=0&edition=prelim), a person violating a regulation prescribed or order issued under chapter 201 of this title related to accident and incident reporting or investigation, or violating chapters 203–209 of this title or a regulation or requirement prescribed or order issued under chapters 203–209, is liable to the United States Government for a civil penalty. An act by an individual that causes a railroad carrier to be in violation is a violation. A separate violation occurs for each day the violation continues.
(2) The Secretary of Transportation imposes a civil penalty under this subsection. The amount of the penalty shall be at least $500 but not more than $25,000. However, when a grossly negligent violation or a pattern of repeated violations has caused an imminent hazard of death or injury to individuals, or has caused death or injury, the amount may be not more than $100,000.
(3) The Secretary may compromise the amount of the civil penalty under [section 3711 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3711&num=0&edition=prelim). In determining the amount of a compromise, the Secretary shall consider—
(A) the nature, circumstances, extent, and gravity of the violation;
(B) with respect to the violator, the degree of culpability, any history of violations, the ability to pay, and any effect on the ability to continue to do business; and
(C) other matters that justice requires.
(4) If the Secretary does not compromise the amount of the civil penalty, the Secretary shall refer the matter to the Attorney General for collection.
**(b) Civil Actions To Collect.—** The
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 21302
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Penalty.—**
(1) Subject to [section 21304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section21304&num=0&edition=prelim), a person violating chapter 211 of this title, including section 21103 (as such section was in effect on the day before the date of enactment of the Rail Safety Improvement Act of 2008), or violating any provision of a waiver applicable to that person that has been granted under [section 21108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section21108&num=0&edition=prelim), is liable to the United States Government for a civil penalty. An act by an individual that causes a railroad carrier to be in violation is a violation. For a violation of [section 21106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section21106&num=0&edition=prelim), a separate violation occurs for each day a facility is not in compliance.
(2) The Secretary of Transportation imposes a civil penalty under this subsection. The amount of the penalty shall be at least $500 but not more than $25,000. However, when a grossly negligent violation or a pattern of repeated violations has caused an imminent hazard of death or injury to individuals, or has caused death or injury, the amount may be not more than $100,000.
(3) The Secretary may compromise the amount of the civil penalty under [section 3711 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3711&num=0&edition=prelim). In determining the amount of a compromise, the Secretary shall consider—
(A) the nature, circumstances, extent, and gravity of the violation;
(B) with respect to the violator, the degree of culpability, any history of violations, the ability to pay,
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 21303
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 624
TITLE 49—TRANSPORTATION
§ 21304
HISTORICAL AND REVISION NOTES—CONTINUED
PUB. L. 103–272
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
45:64a(a)(1) (1st sen-
tence words be-
fore last comma,
2d–4th sentences,
5th sentence
words before last
comma, last sen-
tence).
Mar. 4, 1907, ch. 2939, § 5(a)(1)
(1st sentence words before
last comma, 2d–4th sen-
tences, 5th sentence words
before last comma, last
sentence), 34 Stat. 1417;
Dec.
26,
1969,
Pub.
L.
91–169, § 1, 83 Stat. 464;
July 8, 1976, Pub. L. 94–348,
§ 4(e), 90 Stat. 819; Oct. 10,
1980, Pub. L. 96–423, § 12, 94
Stat. 1816; restated June
22, 1988, Pub. L. 100–342,
§ 16(6)(A), 102 Stat. 635;
Sept. 3, 1992, Pub. L,.
102–365,
§§ 4(a)(2),
(c)(2),
9(a)(2), 106 Stat. 973, 974,
977.
45:64a(a)(2).
Mar.
4,
1907,
ch.
2939,
§ 5(a)(2), 34 Stat. 1417; Dec.
26, 1969, Pub. L. 91–169, § 1,
83 Stat. 464; July 8, 1976,
Pub. L. 94–348, § 4(e), 90
Stat. 819; restated Oct. 10,
1980, Pub. L. 96–423, § 12, 94
Stat. 1816; June 22, 1988,
Pub. L. 100–342, § 16(6)(B),
102 Stat. 635.
45:64a(b).
Mar. 4, 1907, ch. 2939, § 5(b),
34 Stat. 1417; restated Dec.
26, 1969, Pub. L. 91–169, § 1,
83 Stat. 464.
45:64a(c).
Mar. 4, 1907, ch. 2939, § 5(c),
34 Stat. 1417; restated Dec.
26, 1969, Pub. L. 91–169, § 1,
83 Stat. 464; June 22, 1988,
Pub. L. 100–342, § 16(6)(C),
102 Stat. 635.
In this section, the words ‘‘Attorney General’’ are
substituted for ‘‘United States attorney’’ because of
28:509. The words ‘‘civil action’’ are substituted for
‘‘suit or suits’’, ‘‘action’’, and ‘‘prosecutions’’ for con-
sistency with rule 2 of the Federal Rules of Civil Proce-
dure (28 App. U.S.C.).
In subsection (a)(1), the words ‘‘(including but not
limited to a railroad; any manager, superv
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 21304
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.