Truck Detention Pay: When the Clock Starts and Who Owes the Carrier
Quick Answer
Truck detention pay generally starts after the free time specified in the governing transportation agreement, once its arrival, appointment, notice, and documentation conditions are satisfied. Two hours is a common contractual allowance, not a universal federal payment rule. The party that owes the carrier depends on the contract; the facility causing a delay is not automatically the carrier's contractual payer.
A broker should establish those terms before dispatch and preserve a clear timeline when a delay develops.
In this article
What is truck detention pay?
Detention compensates for qualifying time spent waiting at pickup or delivery beyond an agreed allowance. It is different from the ordinary time built into loading and unloading, and it is different from a separately negotiated layover.
A congressional transportation hearing describes detention by reference to the loading and unloading time specified in contracts, with two hours described as common. That does not make every carrier entitled to the same rate or start time. Source: U.S. House transportation hearing.
The payable amount is a contract question. The effect on the driver's available workday is an operational question. Both need attention while the truck is waiting.
When does the detention clock start?
Read the master broker-carrier agreement, rate confirmation, and any incorporated terms together. Determine which document controls if they conflict.
The agreement should answer:
- Does free time begin at the appointment, gate arrival, or completed check-in?
- Must the driver arrive on time with the correct equipment?
- Does waiting in a documented gate queue count?
- Who must receive notice, and by when?
- Is payment measured in full hours, partial hours, or another increment?
- What ends detention: loading completion, paperwork release, or gate departure?
- Is there a daily cap or a transition to layover?
Do not assume an early arrival starts free time immediately. Do not assume a late arrival forfeits every right either. Apply the actual agreement and investigate the reason for the timing difference.
How is detention calculated?
Consider an illustrative agreement allowing two free hours from the scheduled appointment for an on-time truck, followed by $75 per hour billed in quarter-hour increments.
The appointment is 10:00 a.m. The driver completes check-in at 9:50 a.m. The defined release event occurs at 2:30 p.m. Under those assumptions, detention starts at noon and totals 2.5 hours, or $187.50.
Those figures are an example, not an industry tariff. A different start event, rounding rule, or cap produces a different amount. State the assumptions before arguing about the arithmetic.
Who has to pay the carrier?
If the broker agreed to pay qualifying detention, the broker's obligation is governed by that agreement. Whether the broker can recover the amount from its customer is a separate contract issue.
A customer refusal does not, by itself, rewrite the broker-carrier terms. Conversely, the fact that a warehouse caused the delay does not automatically create a direct payment agreement between the warehouse and the carrier.
Review any approval condition or customer-payment provision before relying on it. Ambiguous or disputed language may require a fact-specific legal review.
For an employed driver, what the carrier collects from a broker is also separate from what the carrier owes the driver under the applicable compensation arrangement and law.
What evidence should brokers collect?
Build a timeline while events are fresh. Keep the appointment confirmation, arrival record, check-in record, delay notices, dock events, release time, and the submitted invoice.
Use several sources where possible: signed facility times, gate records, dispatch messages, and shipment location history. Explain differences rather than simply choosing the timestamp that produces the preferred bill.
A phone location alone may not establish completed check-in or the moment the facility released paperwork. Document the contractual event that matters.
If facility staff refuse to sign times, ask the driver to record that fact promptly and preserve alternative evidence. Do not invent a signature or edit a delivery receipt to manufacture agreement.
What should a broker do during the delay?
Assign a contact who can reach the facility and customer. Notify the parties before free time expires when the contract requires it. Ask for a realistic loading or release estimate and alert the receiver if delivery feasibility changes.
FMCSA research connects detention with driver fatigue and hours-of-service concerns. A detention payment does not create additional legal driving time. Source: FMCSA detention research.
If an overnight hold becomes likely, confirm how detention and layover interact before the next charge accrues.
Frequently Asked Questions
Is detention automatically payable after two hours?
No. Two hours is common, but the governing agreement establishes the allowance and payment conditions.
Can detention and layover both apply?
Possibly. Define whether they cover different periods, whether one replaces the other, and whether duplicate recovery is excluded.
Does GPS prove the entire detention claim?
It supports the timeline. It does not independently establish every contractual requirement or identify the party responsible for payment.
Make the timeline easier to review
Keep the relevant messages and documents associated with the load. See CargoGuard's freight tracking workflow or request a demo to discuss shipment review.