Freight answersFreight Pricing
Who Pays When a Truck Driver Waits at a Shipper or Receiver?
Short answer
Usually the carrier bills detention to the party it contracted with, under the rate confirmation, contract or its published accessorial schedule, and that party may pass the cost on to whoever caused the delay. Contracts commonly allow about 2 free hours before detention starts, but terms vary and not every contract includes detention pay at all.
What it depends on
- The contract or rate confirmation between the carrier and its customer.
- The carrier's accessorial schedule: free time, hourly rate and caps.
- Arrival and release times, and whether the truck was on time for its appointment.
- Downstream agreements that decide whether a shipper, receiver or broker absorbs the cost.
What counts as detention
There is no single standard definition. The DOT Inspector General found that most of the industry measures detention as time at a shipper or receiver "beyond the limit established in shipping contracts--often 2 hours," and that "not all shipping contracts include detention pay clauses."[1] FMCSA has said dwell time over 2 hours is what industry, government and researchers have typically used, and that "drivers are often not paid for this extra time."[2]
Published schedules show how terms vary: one truckload schedule charges detention after 2 free hours,[3] another after 60 minutes, at an hourly rate with a daily cap.[4]
Why it matters beyond the invoice
The Inspector General estimated that a 15-minute increase in average dwell time raises the expected crash rate by 6.2%, and that detention reduces for-hire truckload drivers' earnings by $1.1 billion to $1.3 billion a year.[1] Long waits also eat into hours of service: a driver may not drive after the 14th consecutive hour since coming on duty,[6] which is how a long wait turns into a layover.
Waiting is different from unloading help. If a shipper or receiver requires that the driver be assisted with loading or unloading, it must provide the help or pay for it.[5]
Example
A truck with an 8:00 appointment checks in at 7:45 and is released at 12:15. Under a contract that allows 2 free hours from the appointment time, 2 hours and 15 minutes are billable; under one that counts from arrival, a little more. The carrier bills its customer, a broker, which passes the charge to the shipper under their own agreement, backed by the in and out times on the paperwork.
Limitations
This is general information, not legal advice. The contract, the rate confirmation and the carrier's tariff decide who pays and how much.
Related
Related terms
- DetentionDetention is a charge for holding equipment beyond the free time allowed: in ocean shipping, for keeping the...Glossary
- LayoverA layover is a charge for a driver and truck held overnight or for a long unplanned stop because a load could...Glossary
- TONUTONU (truck ordered, not used) is a charge a carrier bills when a truck is dispatched for a load that is...Glossary
- Accessorial ChargeAn accessorial charge is a fee added to the base freight rate for extra services or events, such as...Glossary
- LumperA lumper is a third-party worker hired to load or unload a truck, usually at a receiving warehouse; the...Glossary
Related freight problems
Sources
- U.S. Department of Transportation, Office of Inspector General, “Estimates Show Commercial Driver Detention Increases Crash Risks and Costs, but Current Data Limit Further Analysis (Report ST2018019),” Government report. Published January 31, 2018. Accessed September 30, 2026.
- Federal Motor Carrier Safety Administration, Federal Register, “Agency Information Collection Activities; Impact of Driver Detention Time on Safety and Operations (88 FR 58060),” Federal Register notice. Published August 24, 2023. Accessed September 30, 2026.
- Union Pacific, “Accessorial Charges and Payment Terms (truckload),” Carrier accessorial schedule. Accessed September 30, 2026.
- Heartland Express, “SRG "A": Rules and Accessorial Charges,” Carrier rules tariff. Accessed September 30, 2026.
- Legal Information Institute, Cornell Law School, “49 U.S. Code § 14103, Loading and unloading motor vehicles,” Federal statute. Accessed September 30, 2026.
- Legal Information Institute, Cornell Law School, “49 CFR § 395.3, Maximum driving time for property-carrying vehicles,” Federal regulation. Accessed September 30, 2026.
General operational information, not legal, customs or regulatory advice. Rules and rates change; confirm current requirements with the agency, carrier or contract that governs your shipment.