Freight detention charges are the hourly fees a motor carrier bills a broker or shipper when a driver sits at a loading or unloading facility past the free-time window written into the contract, almost always two hours. Rates generally run $50 to $100 per hour, documentation requirements are strict, and because detention is governed by contract rather than federal regulation, whether you actually get paid depends on what your rate confirmation says and how clean your paper trail is.
When the Detention Clock Starts and Stops
In most broker-carrier agreements, free time is two hours per stop. The clock starts when the driver checks in at the guard shack or shipping office, provided they arrived within the scheduled appointment window. Once those two hours expire, every additional hour or fraction becomes billable detention. The period ends when facility personnel hand over signed paperwork and release the vehicle from the dock.
Arrival timing matters. Facilities running first-come-first-served or work-fit windows apply detention only if the driver arrived inside the specified window and still got stuck waiting past the free-time threshold. A driver who shows up late or outside the agreed window usually forfeits any detention claim, no matter how long the facility then takes.
One thing to keep in mind about why this matters beyond the invoice: every minute at the dock counts as on-duty time under federal Hours of Service rules, which define on-duty to include loading, unloading, attending a vehicle being loaded or unloaded, and remaining in readiness to operate. The 14-hour driving window does not pause for waiting, so three hours burned at a dock leaves only eleven hours in the shift.1eCFR. 49 CFR Part 395 – Hours of Service of Drivers That lost time is often worth more than the detention charge itself, which is the strongest reason to bill aggressively.
Standard Rates, Increments, and Caps
Detention rates are contractual, and they vary by carrier size, lane, and leverage. Most agreements set the hourly rate between $50 and $100 after free time expires. Billing is usually rounded to the nearest 15- or 30-minute mark, and some contracts build in a short grace period of about 15 minutes before the first billable increment starts.
Daily caps are common. Many contracts limit detention to somewhere between $250 and $500 in a 24-hour period. Those caps deserve a hard look before you sign. A $50 hourly rate with a $250 cap means anything beyond five hours is essentially free for the shipper, and if a facility routinely holds trucks longer than that, you need either a higher cap or a higher hourly rate.
When a delay stretches past a full day, the charge usually shifts from detention to a layover fee: a flat rate covering the overnight stay and the revenue lost from loads the driver would otherwise have hauled the next day. Layover fees are separate line items with their own documentation requirements.
Documentation That Survives a Denial
Detention claims live or die on paperwork. Brokers and shippers have every incentive to push back on vague records, so your file needs to prove three things beyond dispute: when the driver arrived, when loading or unloading actually started, and when the driver was released.
ELD Records
Electronic Logging Devices monitor the engine to capture whether it is running, whether the truck is moving, miles driven, and engine operation time.2Federal Motor Carrier Safety Administration. ELD Fact Sheet – English Version The timestamped log shows the truck was stationary at the facility’s coordinates during the claimed detention period. Most brokers treat ELD records as the most reliable detention evidence because drivers cannot retroactively alter the data.
Bill of Lading Time Stamps
The BOL is the primary supporting document. Before leaving any facility, the driver should get the clerk to record the exact time in and time out directly on the BOL, with both the driver and the facility representative initialing or signing next to those entries. Without those notations, a carrier faces near-certain claim rejection. This is the step drivers most often skip when they are frustrated and just want to leave, and it is the one that matters most when a dispute lands.
The Claim Package
Many carriers use dedicated detention forms or TMS fields that consolidate the load number, facility name, arrival and departure times, and names of facility contacts. Attach the signed BOL and a screenshot of the ELD arrival alert. Assemble the package at the facility, not days later from memory, so small errors do not give the broker grounds for denial.
How to File the Claim
The process starts before free time runs out. Most contracts require the driver to send a detention alert to the broker or dispatcher as the window nears expiration, often at the 90-minute mark of a two-hour window. The language in many agreements treats that notification as a condition precedent to payment, so skipping it can forfeit the charge no matter how long the driver ended up waiting.
After delivery, add detention as a separate line item on the freight invoice and submit it through the broker’s portal or by email with the time-stamped BOL and ELD data attached. Processing typically runs 30 to 60 days depending on the contract’s payment terms. Approval usually shows up as a revised rate confirmation or a notification in the carrier’s accounting system.
Know the outer deadline. Under federal law, a carrier must file a civil action to recover transportation charges within 18 months after the claim accrues, which happens on delivery or tender of delivery.3Office of the Law Revision Counsel. 49 USC 14705 – Limitation on Actions by and Against Carriers A disputed detention charge left sitting past that 18-month mark may be unrecoverable in court.
When the Broker Denies the Claim
Denials are common. Brokers reject detention for incomplete documentation, missed notification windows, or because the shipper disputes the timeline. Carriers have three escalation paths.
Demand the Broker’s Records
Federal regulations give each party to a brokered transaction the right to review the broker’s record of that transaction. Brokers must keep records for three years, including the amount of compensation received, freight charges collected, and the date of payment to the carrier.4eCFR. 49 CFR 371.3 – Records to Be Kept by Brokers If the broker says the shipper refused to authorize detention, pulling these records can show whether the charge was actually passed through or quietly kept. Carriers underuse this right, often because they do not know it exists.
File Against the Broker’s Surety Bond
Every licensed freight broker must maintain a $75,000 surety bond or trust fund.5eCFR. 49 CFR Part 387 Subpart C – Surety Bonds and Policies of Insurance for Motor Carriers and Property Brokers The bond, known as a BMC-84, covers the broker’s failure to pay carriers for transportation services.6Federal Motor Carrier Safety Administration. Broker’s or Freight Forwarder’s Surety Bond (Form BMC-84) If a broker refuses to pay a valid detention charge, the carrier can file a claim directly against the surety company that issued the bond. The bond information is public through FMCSA’s licensing database. A bond claim is a serious escalation and often prompts a settlement before the surety gets involved, because too many claims can make the broker uninsurable.
Small Claims or Civil Action
For smaller detention disputes, small claims court is practical. Filing fees and claim limits vary by state, and many detention disputes fall within those limits. For larger amounts or repeat offenders, a civil action under 49 USC 14705 is the formal route, subject to the 18-month limitation period.3Office of the Law Revision Counsel. 49 USC 14705 – Limitation on Actions by and Against Carriers
If a Shipper Pressures the Driver to Make Up Lost Time
Long detention creates a predictable pressure point. After hours of waiting, a driver may be pushed to drive beyond safe limits to recover the schedule. Federal law prohibits shippers, receivers, brokers, and their agents from coercing a commercial motor vehicle driver to operate in violation of safety regulations, including Hours of Service rules.7eCFR. 49 CFR 390.6 – Coercion Prohibited A dispatcher who tells a driver “you need to make this delivery tonight” after a four-hour delay that has consumed most of the 14-hour window is exactly the conduct the rule targets.
A driver who believes they have been coerced can file a written complaint with FMCSA’s National Consumer Complaint Database or the FMCSA Division Administrator for the state where the driver is employed. The complaint must be filed within 90 days of the event and must include the driver’s name and contact information, the name of the person or entity doing the coercing, the specific regulation the driver was pressured to violate, and a concise statement of the facts with dates.8eCFR. 49 CFR 386.12 – Complaints Entities found to have coerced drivers face civil penalties of up to $16,000 per offense under 49 USC 521(b)(2)(A), subject to periodic inflation adjustments.9Federal Register. Prohibiting Coercion of Commercial Motor Vehicle Drivers Save the texts, emails, and voicemails. A complaint backed by a documented five-hour detention and a written demand to skip rest is far more credible than a verbal allegation filed weeks later.