What Is Detention Pay?
Detention pay is compensation for the time your truck sits waiting at a shipper or receiver beyond a reasonable loading/unloading window. The industry standard “free time” is 2 hours — anything beyond that should be paid detention.
Free Time
0 - 2 hours
Normal loading/unloading window. No extra charge.
Detention Starts
Detention Time
2+ hours
You should be getting paid for every hour beyond this point.
The Reality
According to FMCSA and ATRI research, the average detention event is 3+ hours. Some drivers report waiting 6-12 hours at warehouses. During that time, you can’t haul another load, your HOS clock is ticking, and your fixed costs keep running.
What Detention Actually Costs You
It’s not just the hourly rate you’re missing. Detention has a cascading effect on your entire operation.
$
Lost Revenue
Every hour waiting is an hour you could be hauling. At $2.50/mile and 55 mph, that’s $137/hour in lost revenue.
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HOS Clock Drain
Your 14-hour window keeps ticking whether you’re driving or sitting. 3 hours of detention = 3 fewer hours of earning potential today.
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Fixed Costs Don’t Stop
Truck payment, insurance, permits — roughly $130-$180/day — run whether your wheels are turning or not.
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Missed Loads
A 4-hour detention event can knock out your next pickup, causing a missed load or forcing a deadhead to the next one.
Annual Impact
| Detention Events/Week | Avg Extra Hours | Annual Hours Lost | Annual Cost (at $75/hr) |
|---|---|---|---|
| 1 event | 2 hours | 104 hours | $7,800 |
| 2 events | 2 hours each | 208 hours | $15,600 |
| 3 events | 3 hours each | 468 hours | $35,100 |
| 5 events | 3 hours each | 780 hours | $58,500 |
780 hours = nearly 20 full work weeks per year spent waiting. That’s almost 5 months of productive driving time, gone.
How Much Should You Charge?
Detention rates vary by region, freight type, and your negotiating leverage. Here’s what the market looks like:
$25 - $50/hr
Low End
Common with brokers and spot market loads. Barely covers your fixed costs. Better than nothing, but not profitable.
$50 - $75/hr
Industry Standard
Most common negotiated rate. Covers fixed costs and some lost revenue. This is the minimum you should accept.
$75 - $100/hr
Strong Rate
Direct shipper contracts, specialized freight, established relationships. Approaches true cost of waiting.
$100 - $150/hr
Premium
Hazmat, oversized, temperature-controlled, or time-critical freight. Reflects the true cost of detention for specialized equipment.
Calculate Your Real Detention Cost
To know your actual cost per hour of detention:
(Daily Fixed Costs ÷ Hours in Driving Day) + Average Revenue Per Hour = Your True Detention Cost
Example: ($150 fixed ÷ 11 driving hours) + $100/hr revenue = $113.64/hr real cost. If you’re accepting $35/hr detention, you’re losing $78.64 every hour you wait.
Use our Load Profitability Calculator to see how detention affects specific loads.
How to Document Detention (So You Actually Get Paid)
The #1 reason detention claims get denied: bad documentation. Here’s what you need every single time.
1
Record your arrival time
Take a timestamped photo of the facility sign or gate when you arrive. Your ELD shows your location — pair it with a photo for an airtight arrival record.
2
Get a check-in record
When you check in at the gate or office, get the check-in time on paper. Many facilities have sign-in sheets — ask for your copy or take a photo.
3
Log when loading/unloading starts
Note the exact time they actually start loading or unloading your truck. The gap between check-in and start is the worst part — document it.
4
Record your departure time
Another timestamped photo when you leave. BOL signature time helps too, but don’t rely on just the BOL — it often only shows loading completion, not departure.
5
Note the reason for delay
Was the dock not ready? No one to unload? Product not available? Write the specific reason. “Waited 4 hours” is weaker than “Dock not available until 2:30 PM, 3.5 hours after appointment.”
6
File the claim immediately
Submit your detention claim within 24-48 hours. The longer you wait, the harder it is to collect. Most brokers have detention claim forms — fill them out while the details are fresh.
Pro Tip: ELD as Evidence
Your ELD logs are timestamped, GPS-located, and tamper-resistant. They’re your best evidence for detention claims. Download and save your ELD data for every detention event — it’s much harder to dispute than handwritten notes.
How to Negotiate Detention Before You Book
The best time to negotiate detention is before you accept the load. Once you’re sitting at the dock, your leverage is gone.
1. Ask About Detention Upfront
Before accepting any load: “What’s the detention policy?” If the broker can’t answer or says “we don’t pay detention,” that tells you everything about how they treat carriers.
2. Get It in the Rate Confirmation
Verbal promises mean nothing. The rate confirmation should state: free time (how many hours), detention rate per hour, and maximum hours covered. If it’s not written, it doesn’t exist.
3. Know the Facility
Check reviews on Google, DAT, and trucker forums. If a facility is known for 6-hour waits, factor that into your rate — or decline the load. Sites like FreightWaves SONAR and Dock411 have facility dwell time data.
4. Build Detention Into Your Rate
If a facility always takes 4+ hours, don’t rely on detention pay. Price the load as if you’ll be there all day. If you get out early, it’s a bonus.
5. Set a Walk-Away Time
Decide before you arrive: “If I’m not loaded by X o’clock, I’m leaving.” Communicate this to the broker. A load that costs you more in time than it pays isn’t a load — it’s a trap.
6. Track Your Detention Data
Keep a spreadsheet of every detention event: facility, broker, wait time, amount billed, amount collected. After 3 months, you’ll know exactly which lanes and facilities are costing you money.
What the Law Says About Detention
There’s no federal law requiring shippers to pay detention. But there are rules that address the problem:
FMCSA Hours of Service (49 CFR Part 395)
Your HOS clock runs while you wait. If detention eats into your driving hours and forces you to shut down early, that’s an economic harm FMCSA acknowledges — but doesn’t directly compensate.
Coercion Rule (49 CFR 390.6)
It’s illegal for a shipper, receiver, or broker to coerce a driver to violate HOS rules — including pressuring you to drive after detention has consumed your available hours. You have the right to refuse unsafe operation.
MAP-21 and FAST Act
Congress has studied detention time’s impact on safety. ATRI research found that drivers detained 6+ hours are 27% more likely to be in a crash in the following driving period. Legislative proposals to mandate detention pay have been introduced but not passed.
State Laws
Some states are moving on detention independently. California has the most aggressive stance — its labor laws may entitle drivers (employees, not independent contractors) to waiting time compensation. Check your state’s laws.
The Safety Connection
Detention isn’t just a money problem — it’s a safety problem. Drivers who wait longer drive more aggressively to make up time, skip rest, and push HOS limits. The FMCSA has repeatedly flagged detention as a contributing factor in fatigued driving crashes. This matters for your CSA scores and insurance rates.
7 Strategies to Reduce Detention
1
Arrive at your appointment time — not early
Arriving 2 hours early doesn’t get you loaded faster. Most facilities won’t start early, and your free time clock may start at arrival, not appointment time. Arrive on time, document your arrival, and start your clock clean.
2
Choose drop-and-hook when possible
Drop trailers eliminate wait time entirely. You drop the loaded trailer, hook an empty (or preloaded), and go. Average time: 15-30 minutes vs 2-4 hours for live loads. Worth pursuing even at slightly lower rates.
3
Build direct shipper relationships
Direct shippers have more incentive to load you quickly — you’re their carrier, not a random truck from a broker. Long-term relationships usually mean better detention policies, priority loading, and mutual respect for time.
4
Blacklist the worst facilities
After tracking your detention data, you’ll find that 20% of facilities cause 80% of your detention. Stop hauling to them. The best-paying load isn’t profitable if you sit for 8 hours.
5
Use appointment scheduling apps
Many large warehouses now use scheduling systems (Opendock, SupplyPike, etc.). Scheduled appointments typically reduce detention by 50-70% compared to first-come-first-served facilities.
6
Communicate proactively with dispatch
The moment you sense a delay, text your dispatcher or broker: “Checked in at 8:00 AM, no dock available. Will update at 10:00 AM.” This starts the paper trail and lets them push the shipper if they have leverage.
7
Factor detention risk into load selection
Use our Load Profitability Calculator to see how 2-4 hours of unpaid detention changes a load’s profit. A $3,000 load that takes 2 extra hours of detention might be less profitable than a $2,500 load with drop-and-hook.
What to Do When You’re Already Stuck
You’re at the dock, 3 hours in, and nobody’s loading your truck. Here’s the playbook:
Hour 0
Arrive and document. Timestamped photo, check in, note arrival time. Text your dispatcher/broker with arrival confirmation.
Hour 2
Free time expires. Text dispatch: “2 hours at [facility], detention clock starting.” Ask the dock supervisor for an ETA. Document their response.
Hour 3
Escalate. Call the broker directly. “I’ve been here 3 hours. Detention is now $75/hour. When can I expect to be loaded?” Be professional, be firm.
Hour 4-5
Decision point. Is the detention pay + load rate still profitable? Or are you losing money staying? If your HOS will force you to stop before reaching destination, you may need to leave or renegotiate.
Hour 6+
Consider leaving. At this point, check your HOS — can you still complete the run safely? If the shipper won’t load you and the broker won’t compensate, you’re losing money. Document everything and weigh your options. Never violate HOS to “make up” lost detention time.
Frequently Asked Questions
Can I leave if they won’t load me?
Generally yes, but check your rate confirmation. Some contracts include penalties for leaving without loading (a “TONU” — Truck Ordered Not Used). If there’s no TONU clause and they’re not loading you, you’re free to go. Document everything and notify your broker before departing.
What if the broker refuses to pay detention?
First, make sure detention was in the rate confirmation. If it was and they refuse: file a formal dispute, provide all documentation (timestamps, photos, ELD data), and escalate in writing. If they consistently refuse, stop hauling for that broker. You can also file a complaint with FMCSA’s National Consumer Complaint Database.
Does detention time count toward my HOS?
Yes — time spent waiting at a facility counts as on-duty not driving. It burns your 14-hour window and counts toward your 60/70-hour week. This is why detention is a safety issue, not just an economic one.
Should I use my sleeper berth during long detention?
If you’re going to wait 6+ hours, using your sleeper berth (at least 7 consecutive hours) can pause your 14-hour clock under the split-sleeper provision. This preserves driving time but extends your total trip time. Check current HOS rules for split-sleeper details.
How does detention affect my insurance?
Indirectly but significantly. Detention leads to fatigued driving, which leads to accidents, which leads to higher insurance premiums. ATRI research shows drivers detained 6+ hours have a 27% higher crash risk. Reducing detention = fewer accidents = better rates at renewal.
Your Insurance Shouldn’t Feel Like Detention
At RMS, we pick up the phone, give you straight answers, and don’t waste your time. Because we know what your time is worth.