Detention Pay Rules in Trucking
UPDATED JUNE 2026
The most important “rule” about detention pay is the one that surprises people: there isn’t a law that forces anyone to pay it. Detention is contractual. Here’s how the rules actually work — and how to make them work for you.
No federal mandate — it’s contractual
No U.S. statute requires a shipper or broker to pay detention. You can collect it because your rate confirmation (or a master contract) provides for it. That’s why the single most important habit is reading the rate con before you accept a load and confirming it spells out the free-time window and the detention rate. No provision, no contractual basis to bill.
The two-hour standard
The long-standing industry convention is two hours of free time before detention begins, though rules tariffs and some contracts allow up to four. The FMCSA’s detention research uses the two-hour benchmark and found medium-sized carriers get detained about twice as often as large carriers. Again: the binding number is the one on your rate confirmation, not the convention.
How much you can charge
There’s no legally set rate. As a reference point, ATRI research pegged the average detention fee at $63.71 per hour (ATRI via CCJ), and many carriers bill $50–$100/hour depending on freight type and market. Set yours in the rate confirmation and bill to it.
Why the rules favor documentation
Because detention is contractual and unpaid on most invoices, the carriers who actually collect are the ones who document cleanly. Practical rules of thumb:
- Get the free-time window and rate in writing on the rate confirmation.
- Capture arrival and departure timestamps from your ELD.
- Bill promptly, while the load and the times are uncontested.
- Keep detention separate from factored invoices — it’s usually handled apart from receivables you’ve sold.
Put it all together in the full how to get paid for detention guide, or, if you’d rather not police the rules load by load, see Akru vs. chasing it yourself.
FAQ
Is there a federal law that requires detention pay?
No. There is no federal law that forces a shipper or broker to pay detention. Detention is a contractual matter — it is owed because your rate confirmation or contract provides for it, not because a statute mandates it.
How much free time is standard before detention starts?
Two hours is the long-standing industry standard, and the FMCSA’s detention research uses that benchmark. Some rate agreements allow up to four hours. The free time that actually applies is whatever your rate confirmation states.
Who sets the detention rate?
You and the broker/shipper set it in the rate confirmation. There’s no legally fixed rate; ATRI research put the average detention fee at $63.71 per hour, and many carriers bill in the $50–$100 range depending on freight and lane.
Does the FMCSA regulate detention?
The FMCSA studies detention’s safety and operational impact but does not set detention pay rates. Its research has linked longer detention to higher crash risk and lost driver earnings, which is why it’s a policy focus — but pay terms remain contractual.