§ 21304.
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.
([Pub. L. 103–272, § 1(e)], July 5, 1994, [108 Stat. 893].)