Detention pay: how to get paid for waiting
Every driver knows the dock where "two hours" becomes six. Detention pay is supposed to cover that time, but a lot of it is never collected. Not because brokers always refuse, but because the paper trail isn't there when the invoice goes out.
FMCSA describes detention as delays in starting loading or unloading that eat into a driver's available driving and on-duty time. In FMCSA's 2014 study, drivers hit detention on about 1 in 10 stops; the average dwell time at those stops was 3.4 hours, 1.4 hours of it beyond the usual two-hour standard. A 2018 report by the DOT Office of Inspector General estimated that detention cuts truckload drivers' yearly earnings by more than $1 billion. That money is worth chasing.
1. Get the terms on the rate con before you book
Detention is a contract term. If it is not on the rate confirmation, you are asking for a favour later. Before saying yes to a load, confirm:
- Free time: how many hours at pickup and at delivery before detention starts (two is common)
- Rate: how much per hour after free time, and whether it is paid in full hours or by the quarter hour
- Cap: is there a maximum per stop or per load
- Conditions: most brokers require on-time arrival and notice while it is happening, not after
If the broker says "detention is standard", ask them to write the numbers on the rate con. A good dispatcher does this on every booking.
2. Be on time, and know when the clock starts
Detention almost always starts from your appointment time, not your arrival time. Show up three hours early and wait three hours, and that is not detention. Show up late and many brokers will refuse detention completely, even if the shipper made you wait. If you will be late, tell the broker before the appointment, in writing, so the record shows it was communicated.
3. Get time stamps, in and out
This is where most detention claims die. You need proof of when you arrived and when you left:
- In and out times written on the BOL and signed by the shipper or receiver. Ask for it at the window; it is easier than arguing later
- ELD or GPS records showing the truck on site. Many brokers accept ELD location history or tracking app data as backup
- A check-in slip or gate ticket if the facility gives one. Take a photo
4. Tell the broker when free time ends, not afterwards
When free time is almost up, send the broker a short message. Email is best, because it has a time stamp and can be forwarded:
Load #12345, truck 12 at ABC Foods, Joliet. Checked in 08:52 for a 09:00 appointment. Still not loaded at 11:00. Free time ends now; detention starts per the rate con. Will update when loaded.
Then send one more when you leave, with the out time. Many brokers need this live notice to bill the shipper; if they cannot bill the shipper, they will fight paying you.
5. Invoice it with the load, not a week later
Add detention as its own line on the invoice, or on the factoring submission, with:
- hours of detention and the rate from the rate con
- in and out times
- the signed BOL or POD showing those times
- a copy of your notice emails
Sending it with the main invoice is much more likely to get paid than a separate request two weeks later. If you factor, check how your factoring company wants accessorials submitted; some need a broker approval number.
6. Know the other accessorials
- Layover: you are held overnight or a full day; usually a flat amount, agreed in writing
- TONU (truck ordered, not used): the load cancels after you were dispatched or arrived. Get it in writing when the cancellation happens
- Lumper: an unloading fee you paid at the dock. It is a reimbursement, so get a receipt and the broker's approval number
Each one follows the same rule: terms on the rate con, proof on paper, notice at the time.
7. Keep score
Track which shippers and receivers hold you every time, and which brokers pay detention without a fight. After a few months you know which loads to avoid or price higher. A TMS that logs check-in and check-out per stop makes this a report instead of a memory exercise.
The short version
- Detention terms on the rate con before booking
- Arrive on time; detention starts from the appointment
- Signed in and out times on the BOL, ELD data as backup
- Email the broker when free time ends and when you leave
- Invoice detention with the load, with the proof attached
If your dispatcher isn't doing steps 1 and 4 for you, they are leaving your money on the dock.