Fabio
76b8ec33a7
Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 -> 59,740; repo total 105,704 records. Deterministic (byte-identical rerun, verified on Title 42's 8,356 sections); make check green. make legal-us-code default now covers every title. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
40 lines
3.8 KiB
Markdown
40 lines
3.8 KiB
Markdown
---
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type: "LegalText"
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title: "49 U.S.C. § 21304"
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description: "Willfulness requirement for penalties against individuals"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 49
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title_name: "TRANSPORTATION"
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chapter_number: "213"
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chapter_name: "PENALTIES"
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section: "21304"
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citation: "49 U.S.C. § 21304"
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status: "current"
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release_point: "119-100"
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release_date: "2026-06-26"
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source: "official"
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
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source_identifier: "/us/usc/t49/s21304"
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source_file: "data/legal/raw/us/code/title-49/usc49.xml"
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source_hash: "0ebe11981d0e5ee1de20f26c287e90bce5d36e94900eea268edc47cf4b173953"
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raw_snapshot_hash: "0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb"
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text_hash: "4763846cf8dbe2bdb487076c5443d7222a963672d5eec453d45952135fdfab60"
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retrieved_at: "2026-07-04"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 49 U.S.C. § 21304 - Willfulness requirement for penalties against individuals
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## Text
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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.
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(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 893.)
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## Notes
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Historical and Revision Notes RevisedSectionSource (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.
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