Broker Won't Pay Detention? How Carriers Collect Unpaid Detention Time

Not legal advice. This is a document-preparation tool, not a law firm. Results aren't guaranteed. Verify all info with FMCSA and consult an attorney for legal questions.

Not legal advice. UnpaidLoad is a document-preparation tool, not a law firm. Verify facts with FMCSA and talk to an attorney about your contract and state law.

You were on time, the dock wasn't ready, and you lost half a day sitting in the lot. Then the broker paid the linehaul and ignored the detention invoice. Detention is one of the most common short pays in trucking, and it almost always comes down to one thing: what you can prove, in writing.

Check the broker first. It's free.

See authority status, authority age, BMC-84/85 on file, and the surety name from FMCSA records.

Broker owes you? Build a demand letter + bond-claim packet for

9. Where detention pay comes from

Detention isn't set by federal regulation for brokered freight. It comes from your rate confirmation, your broker-carrier agreement, or a written approval from the broker at the time of the delay. So the first question is always: what does the paperwork say?

Step 1: Read the detention terms before you roll

Look for an accessorial section. Typical terms include:

Free time: the number of hours after the appointment before detention starts.
Hourly rate and any daily cap.
On-time requirement: no detention if you arrived late for the appointment.
Notice rules: you must alert the broker when you arrive and again before free time ends.
Proof rules: in and out times on the BOL, ELD data, or check-in records.
Submission deadline: detention must be billed within a set number of days.

If the terms aren't on the rate con, ask for them in writing before you book. See what to check on a rate con.

Step 2: Document the clock while it's running

Brokers deny detention most often by saying you were late, you didn't notify them, or there's no proof of times. Answer each one while you're still at the dock:

Arrival message: text or email the broker when you check in, with the time and a photo of the gate or check-in slip.
Free-time warning: message again before free time ends: "Still not loaded at [time]. Detention starts at [time] per the rate con."
In and out times on the BOL: ask the shipper or receiver to write and sign them. If they refuse, note that in your own message to the broker.
ELD and GPS records showing when you arrived and left.
Any reply from the broker approving detention or acknowledging the delay.

Follow every phone call with an email summary. Dates and times beat adjectives.

Step 3: Invoice detention like a load

Bill detention the same day you deliver, on the invoice or as a separate line item. Include the load number, arrival and departure times, free hours, billable hours, rate, and total. Attach the BOL with times, your arrival and warning messages, and any approval. Many brokers issue a revised rate con for approved detention. Ask for one.

Step 4: When the broker says no

Ask for the reason in writing, then answer it with documents:

"The shipper won't pay it." Your contract is with the broker. If the rate con provides detention, the broker's dispute with its customer is separate. See broker says the shipper hasn't paid.
"You didn't notify us." Send the timestamped arrival and free-time messages.
"No in and out times." Send the ELD record and check-in proof.
"You were late." Compare your arrival proof with the appointment on the rate con.

If the broker may have billed the shipper for detention and kept it, you can ask to review the broker's record of the load under 49 CFR 371.3. See how to make a 371.3 request.

Step 5: Check the broker's FMCSA record

A broker that refuses small accessorials sometimes has bigger problems. Run it through our free Broker Check to see authority status, authority age, and the BMC-84/85 filing and surety name from FMCSA records (FMCSA Licensing & Insurance (L&I)). A pending bond cancellation is a reason to escalate now. See what to do when a broker's bond is cancelled.

Step 6: Send a demand letter

If follow-ups fail, send a short, factual demand: the load, the detention terms, the timeline, the amount, and a specific pay-by date. Name the broker's surety and say you intend to file a claim if unpaid. See how to write a demand letter and what to do about a short pay.

Step 7: Consider a bond claim or complaint

Every broker must keep a $75,000 surety bond (BMC-84) or trust fund (BMC-85) to pay carriers if it fails to carry out its contracts for transportation (49 CFR 387.307). Whether a surety pays a detention claim depends on its review and your proof. Walk through it in how to file a broker bond claim. A complaint through FMCSA's FMCSA National Consumer Complaint Database creates a record, though FMCSA doesn't collect money for you.

Common mistakes

No arrival message. Without it, the broker can say you never told them.
Billing weeks later. Many rate cons have a submission deadline.
Rounding up. Bill the hours your records show. A surety or attorney will check.
Booking without detention terms. If it isn't in writing, it's hard to collect.

Broker still won't pay detention?

Our $19 packet builds a demand letter and a BMC-84 bond-claim letter from FMCSA data and your load details, with an exhibit checklist and timeline.

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Sources

FAQ

Is a broker required by law to pay detention?
We are not aware of a federal rule that requires a broker to pay a carrier detention. Detention is usually a contract term in your rate confirmation or broker-carrier agreement, or something the broker agreed to in writing. Ask an attorney about your contract.

How many free hours are normal before detention starts?
It depends on the rate con. Many list a number of free hours after the appointment time and an hourly rate after that, sometimes with a daily cap. Your rate con controls, so read it before you accept the load.

Can I include unpaid detention in a bond claim?
A BMC-84 bond or BMC-85 trust exists to pay carriers if a broker fails to carry out its contracts for transportation (49 CFR 387.307). Whether a surety pays a detention claim depends on the surety and your proof. Agreed, documented detention is much easier to collect than an undocumented one.

Check the broker first. It's free.

See authority status, authority age, BMC-84/85 on file, and the surety name from FMCSA records.

Broker owes you? Build a demand letter + bond-claim packet for $19.

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Not legal advice. This is a document-preparation tool, not a law firm. Results aren't guaranteed. Verify all info with FMCSA and consult an attorney for legal questions.