The short version
Detention pay is not automatic. It is an accessorial you agreed to before you arrived, backed by times somebody at the facility signed for. None of the three is set by law: detention, layover and TONU are contract terms, which means the time to establish the numbers is before you accept, not after five hours on a dock. Get them on the rate confirmation, timestamp your arrival, and get in and out times signed on the bill of lading.
If it is not on the rate confirmation and you cannot prove when you checked in and when you were released, you will not be paid for it, no matter how long you actually sat. The fix is two minutes of work before dispatch and thirty seconds at the gate.
What is the difference between detention, layover and TONU?
Detention is time held at a shipper or receiver beyond the free time, usually two hours, and is paid by the hour after that. Layover is being stuck overnight because you cannot be loaded or unloaded until the next day, normally a flat figure per day. TONU, truck order not used, is a flat payment when the load is cancelled after you have been dispatched.
| Accessorial | What triggers it | How it is normally paid |
|---|---|---|
| Detention | Held beyond free time at a shipper or receiver | Hourly after free time, often capped per day |
| Layover | Cannot load or unload until the following day | A flat figure per day, not hourly |
| TONU | Load cancelled after dispatch, often after you arrived | A flat payment for the trip made and the load turned down |
None of the three is set by law. They are contract terms, which means the numbers vary by broker, by shipper and by how much of a hurry the freight is in, and it means the time to establish them is before you accept.
Get it on the rate confirmation
Before you sign, the confirmation should say four things: how much free time you get, what detention pays per hour after that, whether it is capped, and what layover and TONU pay. A confirmation silent on all of it is not one that pays nothing, it is one where the answer gets decided later by whoever has more leverage, and that will not be you.
Ask by email or in the load messaging rather than on the phone, so the answer is written down. "Confirming free time is 2 hours and detention is $X per hour after, capped at $Y" takes fifteen seconds to send and settles the whole conversation in advance.
How do you document detention so it gets paid?
Timestamp your arrival, get in and out times written and signed on the bill of lading, tell the broker while you are still sitting, and invoice the accessorial with the load rather than separately. That sequence decides almost every dispute.
- Timestamp your arrival. A photo of the gate or the guard shack with the time visible, or your check-in slip. Your ELD and GPS record it too, and that record is worth having on your side.
- Get in and out times on the bill of lading. Ask the shipping clerk to write both and sign or stamp them. This is the single piece of paper that decides most disputes, and almost every facility will do it if you ask politely at check-in rather than on the way out.
- Tell the broker while you are still sitting. A message at the two-hour mark saying you are now in detention makes it a live issue they can work on. A message the next day is a claim about the past.
- Invoice it with the load, not separately. Attach the signed bill of lading, the times, and any messages. Most brokers have a window for submitting accessorials, and a late claim is a dead one.
What detention really costs you
The hourly rate is not the loss. Sitting five hours at a receiver burns five hours of a 14-hour clock you cannot get back under the hours-of-service rules, and the load you were going to take that evening is gone.
When the broker will not pay
- Ask, in writing, which part of the claim is disputed: the times, the rate, or whether it was agreed at all. The answer tells you whether this is a paperwork problem you can fix or a refusal.
- If the times are disputed, send the signed bill of lading and the gate photograph. Most disputes end here.
- If it was never agreed, that is the lesson rather than the fight: the terms go on the confirmation next time, with this broker especially.
- Keep a note either way. A broker who never pays detention is a broker whose rates need to be higher for you to break even, and you want that written down before the next load from them.
The habit that prevents most of it
Ask about the facility before you accept. Dock hours, whether it is live load or drop, and what the appointment window actually means at that shipper. A load that pays well and loads in forty minutes is worth more than one that pays better and holds you half a day.
The bottom lineDetention is a contract term, not a right. Agree the number before you roll, prove the times at the gate, and claim it with the invoice rather than after it.
Frequently asked questions
How much detention pay should I get?
There is no legal rate. Detention is a contract term agreed with the broker, typically paid hourly after two hours of free time and often capped per day. The figure has to be on your rate confirmation before you accept the load, because nothing obliges anyone to pay it otherwise.
When does detention time start?
On most agreements it runs from your appointment time or your arrival, whichever is later, after the free time has elapsed. Arriving early does not start the clock early. Check which of the two your rate confirmation specifies, because they are not the same on a late appointment.
What is TONU in trucking?
Truck order not used. It is a flat payment for a load that was cancelled after you were dispatched, often after you had already driven to the pickup. Like detention, it is not automatic: the amount has to be agreed in the rate confirmation.
What paperwork do I need to claim detention?
The signed bill of lading with in and out times written on it, a timestamped record of your arrival such as a gate photo or check-in slip, and the messages where you told the broker you were in detention while it was happening. Submit them with the invoice rather than afterwards.
Can a broker refuse to pay detention?
Yes, if it was never agreed or if the times cannot be evidenced. That is why it belongs on the rate confirmation and why the in and out times need a signature at the facility. Ask in writing which part of the claim is disputed, because most refusals turn out to be a documentation problem rather than a refusal in principle.
Sources
Every figure in this article is linked in place. The full list, for anyone who wants to check the working.
- FMCSA, summary of hours-of-service regulations. The 14-hour driving window that detention consumes.
