Guide
Driver detention pay vs carrier detention: two rules, one wait
The broker pays the carrier for a truck that waits. What the driver sees from that is a separate decision. Mixing the two causes quiet anger or quiet losses.
In short
- Carrier detention is a charge billed to the broker or shipper under the rate con.
- Driver detention pay is what you pay your driver for the wait. Your driver agreement and pay method decide it.
- The two amounts do not have to match. If they differ, say so in writing before the first wait, not after.
- Detention is only billable if the rate con provides for it and you can prove the times. See detention pay.
Hook. Same 3.5 hours past free time, same $210 billed. A driver may get $70, $105 or $210 of it, and the carrier keeps $140, $105 or $0.
Two clocks, two payers
At the dock the truck waits and the driver waits. The rate con may pay the truck for it. It says nothing about the driver, who has an agreement with you. That agreement can pay per mile, per load, by the hour or a percent, and it decides how a waiting hour is treated.
The figure shows the split. The broker pays the carrier by the rate con. The carrier pays the driver by the driver agreement. A dashed link between the last two boxes marks that the amounts can differ.
Waiting also eats the driver's hours of service window. That is a good reason to talk about it early. The detention tool prices the billing side.
Set it up in five steps
Read the rate con
Free time, hourly rate, any cap, notice rule. This is the billing side.
Read your driver agreement
Find out how a waiting hour is treated today. Write the answer down.
Choose a split
Flat per hour, a share, or nothing extra. Make it a choice, not an accident.
Tell the driver
Before the next wait. Put it in the driver agreement or a signed note.
Keep one record
The same timestamps support the invoice and the driver pay line.
Two rules compared
| Question | Carrier detention | Driver detention pay |
|---|---|---|
| Who pays | Broker or shipper | You, the carrier |
| Rules come from | Rate con | Driver agreement |
| Needs proof of | Arrival, check-in, departure | The same times |
| Amount | Rate x hours past free time | Your choice |
| Dispute with | Broker | Driver, if the rule was unclear |
Worked example EXAMPLE VALUES
Example data. A made-up rate con: 2 free hours, $60 an hour, half-hour steps. The truck waits 5.5 hours in total. Billable hours: 3.5. Amount billed: $210.
| Driver rule | Driver gets | Carrier keeps | Carrier share |
|---|---|---|---|
| Flat $20 an hour to driver | $70 | $140 | 67% |
| 50% of detention to driver | $105 | $105 | 50% |
| 100% passed to driver | $210 | $0 | 0% |
None of the three is right for everyone. A flat hourly amount is simple. A share rewards the driver for documenting the wait. A full pass-through costs the carrier its margin on the stop but keeps the driver on side. Your own cost of a waiting truck, see downtime cost per day, helps you pick.
Where it goes wrong
- Paying the driver only when the broker pays. Then a denied claim becomes the driver's loss. Decide it on purpose.
- Never telling the driver the rule. Surprise on the settlement is the usual cause of disputes.
- Different times on the invoice and the driver sheet. Use one record for both.
- Billing the broker for the driver's pay rate. Bill what the rate con allows, not what you pay.
The formulas
Apply the rate con rounding rule, such as half-hour steps, if it has one.
Driver pay rules vary
How you pay drivers can raise wage and classification questions that depend on your state and your drivers' status. We do not know them. Check your driver agreement and ask an employment professional before you change it.
We do not give legal, tax or financial advice. Your contracts come first.
Questions
Do I have to pay my driver detention?
That depends on your driver agreement and applicable rules. We cannot say. Read the agreement and ask a professional.
Can I bill the broker more than the rate con says?
Only if the broker agrees. The rate con terms are the starting point. See detention pay.
What if the claim is denied?
Then the driver rule decides who absorbs it. Decide that before it happens.
Does layover work the same way?
The same two sides exist. See layover pay.
Related: detention pay, layover pay, detention evidence, detention, layover, TONU, lumper, all guides.
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