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Answers · detention & dwell

Do shippers have to pay truck detention?

No law forces it, your contract does, and the side with better timestamps wins.

Updated August 2026 · third-party figures cited inline

Short answer: no. No federal law requires shippers to pay truck detention. It is purely a contract term, most often 2 free hours and then a rate set by your contract; rates vary by lane and agreement. Whether an invoice actually gets paid comes down to whose arrival and departure records survive scrutiny.

No federal mandate, and regulators admit the data gap

Trucking has no federal detention-pay rule. Railroads must report dwell weekly under 49 CFR Part 1250; trucking has no equivalent. The US DOT Office of Inspector General said it plainly in its 2018 audit: "accurate industrywide data on driver detention do not currently exist." The same audit tied detention to $1.1 to $1.3 billion a year in lost driver income and a 6.2% higher expected crash rate for every 15 extra minutes of dwell. Detention is real and costly; it is just not mandated. The obligation lives in the contract: rate confirmation, master agreement, or accessorial schedule. Nowhere else.

What the market actually pays

Because detention is contractual, rates cluster around convention: two free hours, then an hourly rate.

ItemTypical figureSource
Free time before detention starts2 hoursUS DOT OIG, 2018
Contract detention rateSet by your contract; rates vary by lane and agreementYour contract
Marginal cost of running a truck$90.89 per hourATRI, 2025 update
Wait past free time on detained stops1.4 hours past a two-hour window (about 3.4 h in all)FMCSA study (84 FR 26933)
Stops where detention occurs39.3% (56.2% for refrigerated)ATRI, 2024
Fleets that invoice detention94.5%, but fewer than half collectATRI, 2024
Industry-wide annual cost$15B ($3.6B direct + $11.5B lost productivity)ATRI, 2024

The $90.89 figure explains carrier persistence: an hour at your dock costs a carrier roughly what the low end of the detention range pays.

Records are the leverage, on both sides

94.5% of fleets bill detention, yet fewer than half collect (ATRI, 2024). The gap is evidence. The driver's ELD says 8:02; the guard's handwritten log says 9:15. Neither side can prove anything, so the invoice gets haggled down or written off. Timestamps protect shippers too: the same gate record that validates a fair claim knocks out an inflated one. Vantage, our phone-based YMS, stamps every gate-in and gate-out automatically, so a detention dispute becomes a lookup instead of an argument.

Refusing to pay is legal. It is not free.

A shipper with no detention clause can decline the invoice. Practically, the cost shows up elsewhere: ATRI's 2024 data found trucks speed 14.6% more on average after being detained, and carriers score facilities, so chronic dwell gets priced into future rates. The cheaper path is cutting dwell itself, which starts with knowing how long each trailer actually sat.

FAQ

Is truck detention pay required by federal law?

No. Railroads must report dwell weekly under 49 CFR Part 1250, but trucking has no equivalent mandate. Detention pay exists only where a contract, rate confirmation, or accessorial schedule creates it.

What is a normal truck detention rate per hour?

The hourly rate after 2 free hours is set by your contract; rates vary by lane and agreement. For context, ATRI's 2025 update puts a truck's marginal operating cost at $90.89 per hour.

Free tools: the detention calculator turns your truck volumes into detention hours, and the 2026 yard & detention benchmarks collect every number here with citations.

Related questions: why detention invoices go unpaid · what records win a detention claim · how to check a detention invoice before you pay it · what a good truck turnaround time looks like

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