Broker Won't Pay TONU? How to Collect a Truck Ordered Not Used Fee

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 accepted the load, deadheaded to the shipper, maybe waited a few hours, and then the broker cancelled. A TONU (truck ordered, not used) fee is supposed to cover that lost day. When the broker won't pay it, your paperwork decides how hard you can push.

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. What TONU is, and where it comes from

TONU is an accessorial: a fee paid when a carrier was dispatched for a load that was cancelled or not tendered. It isn't set by federal regulation. It comes from your rate confirmation, your broker-carrier agreement, or a written agreement made at the time of cancellation. That means the first question is always: what did the broker agree to, in writing?

Step 1: Read your rate con and broker-carrier agreement

Look for an accessorial section. Common TONU terms include:

A flat amount (for example, a set dollar figure per cancelled load).
A trigger: cancellation after dispatch, after arrival, or within a set time of the appointment.
Notice requirements: you must notify the broker within a time window or send proof of arrival.
Exclusions: no TONU if you were late, missed check calls, or arrived without required equipment.
Approval language: "TONU must be approved by the broker in writing."

If the rate con lists TONU and you met the conditions, your claim is strong. If it says nothing, you'll need some other written agreement. See what to check on a rate con.

Step 2: Build your proof

Brokers deny TONU most often by saying you weren't there, you were late, or the cancellation came before you rolled. Gather evidence that answers each of those:

Rate con with the pickup appointment and TONU terms.
ELD logs or GPS history showing your route and arrival time.
Check-in records, gate photos, or a timestamped photo at the dock.
Texts, emails, or load-board messages showing when the broker cancelled.
Call log entries (date, time, who you spoke to). Follow every call with an email summary.
Any message where the broker said "we'll pay TONU" or agreed to an amount.

Write a short timeline: dispatched at X, arrived at Y, broker cancelled at Z. Dates and times beat adjectives.

Step 3: Ask for it in writing, the same day

The best time to lock in a TONU is the moment the load is cancelled. Before you leave the shipper, email or message the broker: "Load #[number] cancelled at [time] after arrival at [shipper]. Per the rate con, TONU of $[amount] applies. Please confirm and send a TONU rate con." Many brokers issue a revised rate confirmation for the TONU amount. Get it before you take another load.

Then invoice the TONU like any load: invoice number, load number, amount, and your supporting documents attached.

Step 4: When the broker says no

Ask for the reason in writing. Then answer that reason with documents, not argument. Common responses:

"The shipper cancelled, not us." Your contract is with the broker. If the rate con provides TONU, the broker's dispute with its customer is a separate matter. See broker says the shipper hasn't paid.
"You were late." Send the ELD record and arrival proof against the appointment time.
"TONU wasn't approved." Point to the rate con language or the message where it was agreed. If there truly was no agreement, your claim is weaker. Be honest with yourself about that.
"We'll pay it on your next load." Ask for that in writing with a date, and don't let it roll forever.

Step 5: Check the broker's FMCSA record

A broker that dodges small accessorials sometimes has bigger problems. Run the broker 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 or revocation is a reason to escalate now rather than wait.

Step 6: Send a demand letter

If friendly follow-ups fail, send a short, factual demand: the load, the cancellation timeline, the TONU term, the amount, and a specific pay-by date (many carriers use 10 days). Name the broker's surety and say you intend to file a claim if unpaid. See how to write a demand letter.

Step 7: Consider a bond claim

Every broker must keep a $75,000 surety bond (BMC-84) or trust fund (BMC-85) to pay carriers if the broker fails to carry out its contracts, agreements, or arrangements for supplying transportation (49 CFR 387.307). Whether a surety pays a TONU depends on the surety's review and your proof. Expect them to ask for the rate con, the cancellation messages, and arrival evidence. Walk through the process in how to file a broker bond claim.

For small amounts, compare the time involved with the fee. Sometimes the demand letter alone gets it paid. If it doesn't, filing a complaint with FMCSA's FMCSA National Consumer Complaint Database creates a record, though FMCSA doesn't collect money for you. See filing an FMCSA complaint.

Prevent the next TONU fight

Don't dispatch until the rate con with TONU terms is in hand.
Ask before booking: "What's your TONU and what triggers it?" Get the answer by email.
Send an arrival message with a photo when you check in.
Ask for a TONU rate con before you leave a cancelled pickup.
Keep a list of brokers that pay accessorials and those that don't.

Common mistakes

Leaving the shipper without written confirmation. Once you're gone, it's your word against theirs.
Relying on phone calls. Follow every call with an email.
Inflating the amount. Claim what the contract says. A surety or attorney will check.
Waiting weeks to invoice. Bill the TONU the same day, like a load.

Broker still won't pay the TONU?

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.

Build my claim packet

Sources

FAQ

Is a broker legally required to pay TONU?
We are not aware of a federal rule that requires TONU. It is usually a contract term: it is owed when your rate confirmation or broker-carrier agreement provides for it, or when the broker agreed to it in writing. Ask an attorney about your contract.

How much is a typical TONU?
It varies by broker and contract. Many rate cons list a flat TONU amount. If yours does not, the amount is whatever you and the broker agreed to in writing.

Can I file a bond claim for an unpaid TONU?
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 TONU claim depends on the surety and your proof. A documented, agreed TONU is far 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.