Detention Pay: How to Document and Actually Collect It

Detention is money that most carriers are owed and most carriers never collect. When a driver arrives on time for a pickup or delivery and then waits beyond the agreed-upon free time because the shipper or receiver isn't ready, that time has a real cost: lost miles, wasted HOS, and delayed next loads. Detention pay exists to compensate for that cost. The problem is that collecting it requires documentation, persistence, and a dispatcher who knows how to push.

What Detention Actually Is

Detention is a per-hour charge applied when a carrier's driver is held at a facility beyond the agreed free time. It is a standard accessorial in the trucking industry, recognized by brokers, shippers, and load boards. Detention is distinct from layover pay (compensation for an overnight delay away from home base) and from TONU (truck ordered not used, which covers a cancelled load). Detention covers time the driver is physically present at a dock, waiting to be loaded or unloaded.

The economics are simple: a driver sitting at a dock for three hours is not driving. If your truck earns $2.50/mile and averages 55 mph, three hours of detention represents roughly $412 in lost revenue opportunity — before accounting for disruption to the next load appointment. Detention pay at $50–$75/hour for three hours returns $150–$225. You are still taking a loss, but the alternative is absorbing the full cost.

Free Time: The Standard Allowance

Almost every rate confirmation includes a free time clause, though many carriers never read it carefully. The industry standard is two hours of free time at pickup and two hours at delivery — meaning the clock starts running after the driver has been on-site for two hours without being loaded or unloaded. Some shippers negotiate longer free time (three or four hours) in their contracts. Some brokers try to bury it or leave it vague. Before accepting any load, confirm: how much free time is included, at what rate does detention start, and is it listed on the rate con?

If the rate con is silent on detention, you are not necessarily without recourse — but you are in a much weaker position when disputing a bill. Brokers who never mention detention terms often push back hard when you invoice them, claiming they have no obligation if it wasn't agreed in writing. The easiest solution is to always have it on paper before dispatch.

Why Carriers Fail to Collect

There are several predictable points of failure:

• No documentation: The driver sat for four hours, but the only record is the driver's memory. No timestamps, no check-in receipt, no broker notification.
• Notification not given: Many rate cons require the carrier to notify the broker while the driver is still at the facility and beyond free time. If you notify after delivery, some brokers claim the window has passed.
• Not on the BOL: The driver didn't note the arrival and departure times on the bill of lading or get the shipper to sign anything.
• Invoice not submitted: The dispatcher forgot to include detention on the invoice, and the carrier assumed the broker would pay it anyway. They didn't.
• No follow-up: The detention invoice was sent, the broker ignored it, and nobody followed up. It aged off the receivables list and was forgotten.

Documenting Arrival and Departure

Documentation is everything in detention disputes. Here is the process that holds up:

1. ELD timestamp at arrival: The driver's ELD logs are timestamped and tamper-resistant. The moment the truck arrives at the facility and stops, there is a digital record. This is your primary evidence.
2. Check-in receipt or gate stamp: Many large shippers and receivers use a guard shack or check-in kiosk. Have the driver get a timestamped receipt or take a photo of the gate log showing their check-in time.
3. Text or call to broker: Once free time has expired, notify the broker immediately: "Driver [name] arrived at [facility] at [time]. Free time expired at [time]. Detention clock running at $XX/hour per rate con." Send it in writing — text or email, not just a phone call.
4. BOL notation: When the driver finally gets loaded or unloaded, have them note the actual departure time on the BOL. If the shipper's lumper or dock supervisor will sign it, even better.
5. Photo of the clock or driver log: Old-fashioned but effective. A photo of the driver's watch or phone showing the time when loading began, combined with the ELD arrival record, creates a clear timeline.

Getting Detention on the Rate Con

The best time to establish detention terms is before the load is accepted. When your dispatcher books a load, if the rate con doesn't specify detention terms, add them as a condition before signing. A simple addendum — "Detention after 2 hours at $75/hour, notification required within 30 minutes of free time expiry" — is enforceable. Most brokers will accept standard terms without pushback. Those who refuse to include detention terms at all are signalling that they expect delays at this shipper and don't want to pay for them.

The Dispatcher's Role

A good dispatcher is the difference between collecting detention and writing it off. Dispatchers who know their carriers' runs check in when a driver has been on-site approaching the free-time limit. They notify the broker proactively, document the notification, and invoice for detention as a separate line item the same day the load delivers. They also track which shippers and which brokers are repeat detention offenders — and price loads from those shippers accordingly.

If your dispatcher doesn't monitor detention proactively, you are giving money away. It is not the driver's job to manage the paperwork while sitting at a dock. It is the dispatcher's.

Escalating Disputes

If a broker refuses to pay legitimate, documented detention, escalate through their accounts payable department with a paper trail: your rate con, the ELD timestamps, your notification records, and the BOL with departure times. If they still refuse, you have options including filing a complaint with the FMCSA (for licensed brokers), pursuing small claims, or — at minimum — never hauling for that broker again and logging the dispute on public forums like DAT or Carrier411. Chronic detention non-payers have reputations. Your dispatcher should know who they are before you ever dispatch.

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