What is detention pay?
Detention pay is the compensation a truck driver is owed when they are held at a shipper or receiver's facility beyond the "free time" specified in their rate confirmation.
Simple as that.
You drive to a warehouse for a scheduled pickup. The contract gives you two hours of free time before pay kicks in. The warehouse takes four hours to load you. You're owed two hours of detention pay.
In practice, it almost never gets collected.
How detention pay works in practice
Every load a driver accepts comes with a rate confirmation — a document that spells out the pay, the route, and any special terms. Most rate confirmations between brokers and owner-operators include a detention clause:
- A free time window (usually 1 to 2 hours)
- A rate per hour after free time (commonly $50 to $75/hr)
When a driver is delayed beyond that free time, the math is simple:
Total time at facility − free time = billable detention hours
Billable hours × rate = amount owed
The problem is converting that math into an actual payment.
Why drivers rarely collect detention pay
The trucking industry has a structural problem with detention:
- Fear of losing future loads. Owner-operators depend on brokers for loads. Pushing back on a $100 claim risks a relationship worth thousands per month. Most drivers stay quiet.
- No clear process. There's no standard system for filing a detention claim. Drivers are expected to figure it out on their own, and most don't.
- Small claim sizes. Individual detention events often generate $50 to $200 in claims. Easy to dismiss as not worth the fight.
The problem is that it adds up fast. Industry research puts the average annual loss per owner-operator at around $3,400 per year.
What counts as detention time?
Detention time is the time you spend at a facility beyond your free time window. This includes:
- Waiting to be assigned a dock
- Waiting for the facility to begin loading or unloading
- Delays caused by paperwork or missing documentation
- Any other facility-caused delay that keeps you from departing
Detention does not include:
- Time spent on breaks you chose to take
- Delays caused by your own equipment issues
- Transit time between facilities
Who pays detention?
The broker. Not the shipper directly, not the receiver. You contracted with the broker, and they're responsible for what happens under that contract, including delays at facilities they arranged.
In practice, brokers often try to push responsibility back to the shipper. That's between them. Your contract is with the broker.
How much detention pay do drivers actually lose?
A 2022 study from the American Transportation Research Institute (ATRI) found that drivers spend an average of 6.5 hours per week detained at facilities. At typical detention rates, that's roughly $300 to $500 per week in potential compensation — most of which goes unclaimed.
At scale, the FMCSA estimates that $1.2 billion in detention pay goes uncollected in the United States every year.
Can you negotiate detention pay terms?
Yes, and you should. Before accepting a load, you have the right to negotiate:
- Free time allowance (push for 1 hour rather than 2 if you can)
- Hourly rate after free time (don't accept below $50/hr)
- Notification requirements (simpler is better)
- Payment terms
If a broker refuses any detention terms, that's information. Some loads simply aren't worth the detention risk.
The new rule that changes everything
As of January 2026, FMCSA regulation 49 CFR Part 387 requires all licensed freight brokers to hold a $75,000 surety bond in liquid form — cash or US Treasuries. This bond can be claimed against when a broker fails to pay valid claims.
For drivers, this is a significant shift. For the first time, there's a regulatory enforcement mechanism that gives detention claims real teeth.
Need help recovering unpaid detention? HaulClaim handles it for you →