What Is Detention Pay in Trucking?
Also called: Detention Time
Detention pay pays a driver for waiting too long at a shipper or receiver. It starts after an agreed free time (commonly 2 hours) to get loaded or unloaded. No federal law requires detention pay or sets a rate. It exists only because it's written into the rate confirmation or broker/carrier contract. That is exactly why getting the terms in writing before the load matters.
Last reviewed September 23, 2026 · Facts checked October 15, 2026
Key Points
- Pays for time waiting to load/unload beyond an agreed free-time window (often 2 hours)
- Not required by federal law. It exists only when it's written into the rate confirmation or contract
- Typical detention rates run roughly $35-75/hour depending on the broker and market, but there's no standard
- The detention clock usually starts at the scheduled appointment time (or arrival time, if later). It does not start when the driver first arrives early
- Waiting at the dock counts as on-duty time on your log, even when no one pays for it (49 CFR §395.2)
- Getting detention on the rate confirmation before the load, and logging arrival/departure times, is what actually gets it paid
Detention vs. TONU vs. layover pay
| Detention Pay | TONU | Layover Pay | |
|---|---|---|---|
| What triggers it | Waiting to load/unload beyond free time | A booked load gets canceled after dispatch | A delay strands the truck overnight or longer |
| Typical time frame | Hours, same day | One-time event | A full day (24+ hours) or more |
| Typical rate structure | By the hour, after the free time | One flat fee | A flat fee per day |
| Range in the ATS guide (Dec 2023 update) | $50 to $75 an hour | $200 to $600 | $250 to $500 |
| Who sets the amount | Your rate confirmation | Your rate confirmation | Your rate confirmation |
| What gets it paid | Logged arrival/departure times, BOL or gate-log timestamp | Dispatch/arrival timestamp, written cancellation notice | Record of delay start/end, broker acknowledgment |
Why is there no federal detention pay rule?
FMCSA and Congress have studied the effect of detention time on driver fatigue and highway safety for years. Detention time does count against a driver's Hours of Service clock. But no federal rule requires a shipper, receiver, or broker to pay detention, and none sets a rate. Detention pay is purely a matter of what's negotiated. It must be put in writing on the rate confirmation or broker-carrier agreement before the load is accepted.
How does the detention free-time window work?
Most rate confirmations set a free-time allowance before detention starts. It is commonly 1-2 hours from the scheduled appointment or arrival, whichever is later. If a truck arrives well before its appointment window, that early arrival time usually doesn't count toward detention. The clock generally starts at the scheduled time, not the truck's arrival time. Exact terms vary by broker and shipper. So the number that matters is whatever is printed on that load's paperwork, not an industry "standard." Example: free time is 2 hours, detention is $50 an hour, and you wait 5 hours. You bill 3 hours, which is $150.
Does detention time count on my log?
Yes, as on-duty time. FMCSA defines on-duty time to include time loading or unloading, time attending the truck while it is loaded or unloaded, and time remaining ready to operate it (49 CFR §395.2). It is not driving time. But it uses up your 14-hour window: you may not drive after 14 consecutive hours from when you came on duty (49 CFR §395.3). So a long wait can cost you driving time even when no one pays detention. That is one more reason to log the exact arrival and departure times.
What actually gets a detention claim paid?
Detention claims get denied or ignored more often for missing paperwork than for any dispute over whether the wait happened. Record the exact arrival time, the scheduled appointment time, and the departure time. Ideally, take a timestamped photo of the gate log, BOL, or check-in slip. That is what turns a detention claim into something a broker's accounting department will actually process. Submit the claim promptly and cite the rate confirmation's detention clause. That matters as much as the wait itself.
Related Terms
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Frequently Asked Questions
Is detention pay mandatory?+
No. There is no federal law requiring shippers, receivers, or brokers to pay detention. It's only owed when it's written into the rate confirmation or the broker-carrier agreement for that specific load. That is why confirming detention terms before you accept a load matters more than assuming it's standard.
How much is detention pay for truckers?+
Rates vary widely by broker and market. A common range is roughly $35-75 per hour after the free-time window (typically 1-2 hours) ends. Some brokers pay a flat daily detention fee instead of hourly. Always check the specific rate confirmation. There's no industry-standard number.
How does detention pay work in trucking?+
Free time (often 1-2 hours) from the scheduled appointment is unpaid. Once that window passes and the truck is still waiting to load or unload, detention time starts at the rate written into the rate confirmation. The driver logs exact arrival and departure times. The carrier submits a detention claim to the broker or shipper, usually with proof like a timestamped BOL or gate log.
Does detention time count as on-duty time?+
Yes. Waiting to be loaded or unloaded is on-duty time (49 CFR §395.2). It is not driving time, but it uses up your 14-hour window. You may not drive after 14 consecutive hours from when you came on duty. A long wait can cost you driving time, even if the broker never pays detention.
What if my rate confirmation has no detention clause?+
Then detention is not owed under the contract. You can still ask the broker, and some will pay when you send proof of the wait. Ask for the terms in writing before you load next time. Keep your arrival, appointment and departure times, and bill the wait as a separate line on your invoice.
When should I bill detention?+
Bill it as soon as the load is delivered, with your invoice and proof of the wait. Send the arrival and departure times, the appointment time, and a photo of the gate log or signed BOL. Quick, complete claims get paid. Late claims with no proof are the ones that get denied.
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This is industry terminology and typical practice. It is not legal or tax advice. Rates, fees, and rules mentioned are general ranges. Confirm the details on your rate confirmation, carrier agreement, or a current official source.