Does waiting at the dock count against a truck driver's hours?
Published October 6, 2026 · rule text quoted from the sources listed at the end · not legal advice
Short answer: usually, yes. Under 49 CFR 395.2, the time a driver spends at a shipper's or receiver's dock counts as on-duty time. That includes attending the truck while it is loaded or unloaded, waiting to be dispatched, and giving or receiving receipts. Under 49 CFR 395.3, a driver may not drive after 14 consecutive hours on duty, and on-duty waiting at your door uses up part of that window. Every hour a trailer waits for a door is an hour the driver can't spend driving the next load.
What the rules say
| Rule | What it says (quoted) | What it means at your dock |
|---|---|---|
| 49 CFR 395.2, "on-duty time" (5) | "All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded" | A driver sitting at your door, or waiting for the signed BOL, is on duty. |
| 49 CFR 395.2, "on-duty time" (1) | "All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier" | Waiting on your property counts, unless the carrier has relieved the driver. |
| 49 CFR 395.3(a)(2) | "A driver may not drive after a period of 14 consecutive hours after coming on-duty following 10 consecutive hours off-duty." | The 14 hours are consecutive. On-duty waiting uses them up. |
| 49 CFR 395.3(a)(3)(i) | "A driver may drive a total of 11 hours during the period specified in paragraph (a)(2) of this section." | The 11 hours of driving have to fit inside that 14-hour window. |
| 49 CFR 395.3(b) | No driving after "on duty 60 hours in any period of 7 consecutive days" or "on duty 70 hours in any period of 8 consecutive days," depending on whether the carrier runs vehicles every day of the week. | Long waits also count toward the weekly limit. |
Sources: 49 CFR 395.2, 49 CFR 395.3
Why a slow door costs the driver more than the wait
The 14-hour window is consecutive. If a driver waits on duty for three hours at a door, those three hours come out of the day even though the truck never moved. The rules give one thing back. Under 395.3(a)(3)(ii), the 30-minute break required after 8 hours of driving "may be satisfied either by off-duty, sleeper berth or on-duty not driving time," so a long wait can count as that break. It does not add any time to the 14-hour window.
There is one exception, and it belongs to the carrier, not the dock. If the carrier relieves the driver and the driver takes a qualifying sleeper-berth split under 49 CFR 395.1(g), that rest period is not counted: "The 14-hour driving window for purposes of § 395.3(a)(2) does not include qualifying rest periods." Whether a wait at your door can be logged that way is up to the carrier and the driver.
FMCSA describes the problem the same way. In a 2019 request for information, it defined detention as "delays in the start of the loading and unloading process which disrupt the driver's available driving and/or on-duty time." (84 FR 26933)
How often does this happen?
- FMCSA-sponsored study (cited in that notice): drivers were detained at "approximately 10 percent of their stops for an average duration of 1.4 hours beyond a commonly accepted two-hour loading and unloading period."
- ATRI, 2024: "In 2023, drivers reported being detained in 39.3 percent of all stops."
- US DOT Inspector General: "a 15-minute increase in average dwell time—the total time spent by a truck at a facility—increases the average expected crash rate by 6.2 percent."
The two detention rates differ because the studies used different samples and methods. Each is quoted as published.
Can the driver go off duty while waiting?
Only if the motor carrier relieves them. Under 395.2, waiting to be dispatched is on-duty time "unless the driver has been relieved from duty by the motor carrier," and on-duty time runs "until the time the driver is relieved from work and all responsibility for performing work." That decision belongs to the carrier and the driver, not the receiver. How the time is logged is a question for the carrier's logbook, not for your dock.
What a receiver can do (practice, not law)
The hours rules bind carriers and drivers, not your warehouse. Your door schedule still decides how much of their day they lose. These practices help:
- Write down the real arrival time at the gate. A gate-in timestamp settles "how long did he wait" later, both for detention records and for the carrier's own records.
- Assign the door at check-in, not when someone notices the truck. A visible door board (a whiteboard or an app) stops trucks from waiting for a door that is already free.
- Work appointments in order, and tell late trucks where they stand. A driver who knows they're third in line can plan a break.
- Have the paperwork ready. 395.2 counts "giving or receiving receipts" as on-duty time, so a 40-minute wait for a signed BOL costs the driver too.
- Track gate-in to gate-out for each carrier. Patterns show which shifts or doors make trucks wait. See what a good turnaround time is.
Where Vantage fits
Vantage is a yard and gate log for small yards. On the Free plan ($0, no card: 1 user, 1 yard, 100 gate events a month, 30 days of history), each truck gets a timestamp at gate-in and again at gate-out. The yard map and door board show which doors are busy. In the iPhone app, a photo of the trailer or container reads the number for you; in a browser, you type it in. The app works in English and Spanish.
Vantage does not keep drivers' hours-of-service logs and does not replace a carrier's ELD. It records when the truck arrived at your yard and when it left.
FAQ
Can a driver go off duty while waiting at a shipper?
Only if the motor carrier relieves them. 49 CFR 395.2 counts waiting at a shipper's facility as on-duty time "unless the driver has been relieved from duty by the motor carrier." Attending the truck while it is loaded or unloaded is also on-duty time.
Does the 14-hour clock stop during a long unload?
Not while the driver is on duty. 49 CFR 395.3(a)(2) bars driving "after a period of 14 consecutive hours after coming on-duty," so on-duty waiting at the dock counts toward the 14 hours. The only carve-out is a qualifying sleeper-berth rest period under 49 CFR 395.1(g), and the carrier and driver decide whether to use it.
How much driving can a driver lose to a long wait?
Up to the full length of the wait. The 11 hours of driving must fit inside the 14-hour window, so once the window is used up the driver can't drive, even with driving hours left. In an FMCSA-sponsored study, detained stops ran an average of 1.4 hours past a two-hour loading period.
What can a receiver do so drivers don't run out of hours at the dock?
Log the real gate-in time, assign the door at check-in, keep a visible door board, have receipts ready, and track gate-in to gate-out by carrier. These are practices, not legal duties. The hours rules apply to carriers and drivers.
This page explains the general federal rule for property-carrying drivers. It is not legal advice. Exceptions exist, such as short-haul (395.1(e)) and oilfield (395.1(d)), and carriers should check the full text of 49 CFR Part 395.
Sources
- 49 CFR 395.1, scope of rules (sleeper berths (g), oilfield (d), short-haul (e)): https://www.law.cornell.edu/cfr/text/49/395.1
- 49 CFR 395.2, definitions (on-duty time): https://www.law.cornell.edu/cfr/text/49/395.2
- 49 CFR 395.3, maximum driving time for property-carrying vehicles: https://www.law.cornell.edu/cfr/text/49/395.3
- FMCSA, request for information on detention, 84 FR 26933 (June 10, 2019): https://www.govinfo.gov/content/pkg/FR-2019-06-10/pdf/2019-12169.pdf
- US DOT Office of Inspector General, ST2018019 (2018): https://www.oig.dot.gov/library-item/36237
- ATRI, 2024 driver detention research: https://www.truckingresearch.org/2024/09/new-research-documents-substantial-financial-and-safety-impacts-from-truck-driver-detention/
Related: who actually pays truck detention · why detention invoices go unpaid · CDL for a yard truck · cutting truck wait time at the gate
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