Pub. L. 103-272, subtit. V, pt. A, ch. 213, subch. I, sec. 21304
Willfulness requirement for penalties against individuals
§ 21304. Willfulness requirement for penalties against individuals 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.