Key takeaways
- Detention pay is contractual. Your rate con and broker-carrier agreement set free time, rate and claim rules. No government agency sets it.
- Most unpaid detention is a paperwork problem: no times, no notice to the broker, nothing signed, or nothing on the invoice.
- Build proof as it happens: check-in time, broker notice before free time ends, signed in/out times, GPS timestamps.
- Bill detention as its own invoice line with times and rate, and send the proof with the invoice packet.
- In expedite, settle detention terms before you accept, and keep detention, layover and TONU separate.
What detention is, and where the terms come from
Detention is pay for time your truck and driver are held at a shipper or receiver beyond the free time allowed for loading or unloading. In expedite, think of a sprinter van stuck at a receiving dock or a straight truck waiting on freight that is "almost ready."
The key point: detention is a contract term, not a regulated rate. What you can collect, and how, comes from three places:
- The rate confirmation. This is usually the controlling document for a single load. Look for free time, the hourly rate, any cap, and conditions such as "must notify within X minutes" or "requires signed in/out times."
- The broker-carrier agreement. Your master agreement with the broker often contains default detention rules, notice requirements and claim deadlines that apply when the rate con is silent.
- Shipper or receiver terms. The broker's own contract with the customer affects what the broker can bill upstream, which often shapes what they will agree to pay you.
The U.S. DOT Office of Inspector General describes the same structure: contracts between shippers, receivers and carriers generally set limits on loading and unloading time and may entitle carriers to fees beyond that, typically after 2 hours. That 2 hours is common practice, not a rule. Your rate con may say 1 hour, 2 hours, or nothing at all.
FMCSA also studies detention as a safety issue, but that research measures the problem. It does not set what anyone must pay you.
Why detention so often goes unpaid
Detention is usually lost because the claim could not be proven or was never made properly, not because the broker refused outright. The common failure points:
- No timestamps. The driver remembers "about four hours," but nothing records arrival and departure.
- No notice to the broker. Many rate cons require you to call or message the broker while detention is building, not after you leave. A claim with no prior notice is easy to deny.
- Nothing signed. The BOL or POD shows a signature but no in/out times, so the facility's own records are the only record.
- Missing from the invoice. The line haul gets billed and detention is "added later," which often means never.
- Late submission. Many agreements have a deadline for accessorial claims. Miss it and the charge may be void even with good proof.
How to document detention while it happens
Treat every stop as a possible claim. Proof takes minutes to collect at the dock and is nearly impossible to rebuild a week later.
1. Record arrival and check-in
Write down the time the truck arrived on site and the time the driver checked in with the shipping or receiving office. Check the rate con for which one starts the clock. Some count from the appointment time, not your arrival, especially if you showed up early.
2. Notify the broker before free time runs out
Send a message to the broker shortly before free time expires, not after. Include the load number, facility, arrival time, check-in time and current status. A written message (email or the broker's load portal) is better than a phone call because it leaves a record. If you call, follow up in writing.
3. Get in/out times signed on the BOL or POD
Ask the shipping or receiving clerk to write the in and out times on the BOL or POD and sign or initial next to them. This is often the single strongest piece of evidence, because it comes from the facility, not from you.
4. Keep GPS or geofence timestamps
Electronic arrival and departure times back up the paper record, and carry real weight if signed times are missing or disputed. In BaltriX, geofence arrival and departure times are recorded for each stop and can be pulled into the detention line on the invoice, so dispatch is not retyping times from driver texts.
5. Take photos
A timestamped photo of the dock or check-in sheet helps when the facility will not sign times. It supports, but does not replace, signed times and broker notice.
How to bill detention so it gets paid
Detention should appear on the invoice as its own line, with enough detail that an accounts-payable clerk can approve it without calling you.
- Show the math. Arrival or check-in time, out time, total time on site, free time, billable time, rate, total.
- Attach the proof. Signed BOL/POD showing in/out times, your message to the broker, and GPS or geofence times if you have them.
- Send it with the invoice packet. Invoice, rate confirmation, POD and detention proof go out together on the same day the load is delivered, or as soon after as you can.
- Reference the rate con. Quote the detention clause or note "per rate con dated MM/DD." This makes it a contract item, not a request.
Putting the packet together quickly matters as much as the content. In BaltriX, Complete & Invoice builds one PDF with the invoice, rate confirmation and POD, so the detention line and its supporting documents go out together.
Detention checklist for drivers and dispatch
- Before accepting: read the detention clause in the rate con (free time, rate, increments, cap, notice rule, claim deadline).
- If the rate con says nothing about detention, get terms in writing before you dispatch.
- On arrival: record arrival time and check-in time.
- Before free time ends: message the broker with load number, facility, check-in time and status.
- At departure: get in/out times written and signed or initialed on the BOL or POD.
- Save GPS or geofence arrival and departure times for the stop.
- Add detention as a separate invoice line with times, billable hours and rate.
- Send invoice, rate con, POD and detention proof together, inside the claim deadline.
- Log any broker response or dispute and follow up in writing.
When a broker disputes detention
Disputes happen. Handle them calmly and in writing.
- Ask for the specific reason. "Not approved" is not a reason. Common ones: no notice, times not signed, driver arrived late or early, the customer will not pay the broker.
- Answer with the contract and the proof. Point to the clause in the rate con and re-send the signed times, your notice message and the GPS record.
- Separate their problem from yours. If your rate con promises detention and you met its conditions, the broker's difficulty collecting from their customer is generally not a condition of your claim, unless your agreement says it is. Read it.
- Settle only when your proof is weak. If you missed the notice step, partial payment may beat nothing. If your proof is complete, hold your position.
- Track the outcome. Note which brokers pay detention cleanly. It matters the next time they offer you a load.
Negotiate detention before you accept the load
Settle detention on the phone before the load is booked. Once you are loaded, your leverage drops.
- Ask directly: "What's the free time at pickup and delivery, and what's detention after that?"
- Know the facility. If a receiver routinely holds trucks, ask for shorter free time or a higher all-in rate.
- Get it on the rate con. "We'll take care of you" is not a term. Get the clause in writing before you sign.
- Clarify the notice rule. Who do you notify, how, and how soon? Save the after-hours contact in the load notes.
- Watch for caps and increments. A low cap or a requirement to bill only in full hours can quietly reduce what you collect.
What's different in expedite
Expedite freight is time-critical, and that changes how detention works in practice.
- Hot loads cost more to hold. A van stuck at a dock cannot take the next urgent load. Price that into the rate, not only the detention line.
- Team runs. When a team is held, two drivers are on the clock. If your rate con does not price detention differently for teams, raise it before you accept.
- Layover is not detention. Detention covers waiting at the facility beyond free time. Layover usually covers a truck held overnight or until the next day, for example when a load is not ready or a receiver is closed. Layover is often a flat daily amount. Bill them as separate lines and do not let one replace the other unless your agreement says so.
- TONU is different again. Truck Ordered, Not Used covers a load that is canceled after you were dispatched or arrived. It is not detention, and it usually has its own flat amount and conditions in the rate con.
- Appointment times matter. Arrive early and the clock may not start until the appointment. Arrive late and you may lose detention for that stop. Check the clause.
The bottom line
Detention is earned at the dock and won on paper. Know the terms before you accept, notify the broker before free time ends, get times signed, and invoice detention with proof attached. Do it on every load and detention becomes routine billing, not an argument.
This guide is general operational information, not legal or financial advice. Your rights depend on your specific contracts. For a contract dispute, talk to a qualified transportation attorney.
Sources
- Estimates Show Commercial Driver Detention Increases Crash Risks and Costs, but Current Data Limit Further Analysis (Report No. ST2018019, January 31, 2018) — U.S. DOT Office of Inspector General
- Impact of Driver Detention Time on Safety and Operations — Federal Motor Carrier Safety Administration
- 49 CFR 395.2, Definitions (on-duty time) — eCFR
- 49 CFR 390.5, Definitions (commercial motor vehicle) — eCFR
This article is for general information only and is not legal, tax or financial advice. Detention terms vary by broker, shipper and load. Always follow your own rate confirmation and carrier agreement.
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