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Detention, Layover and TONU: How to Protect Accessorial Revenue

Protect trucking accessorial revenue with clear detention, layover and TONU terms, timestamps, documents, rate-con revisions, invoicing and dispute controls.

Owner-operator documenting detention time and accessorial charges while waiting at a freight facility
On this page 38 sections
  1. 01 Detention, layover and TONU solve different problems
  2. 02 There is no one federal accessorial price sheet for brokered freight
  3. 03 Federal research confirms that detention has real operating consequences
  4. 04 HOS makes detention an economic problem
  5. 05 Do not confuse compensation with HOS relief
  6. 06 Price the free-time assumption before accepting the load
  7. 07 Define exactly when the detention clock starts
  8. 08 Late arrival can change eligibility
  9. 09 What a measurable detention term looks like
  10. 10 Documentation should begin at arrival
  11. 11 ELD and tracking are evidence, not the whole claim
  12. 12 Preserve signed in/out times when available
  13. 13 Notify the broker while the event is happening
  14. 14 Do not negotiate with the receiver when the broker is the counterparty
  15. 15 Get the extra amount into writing
  16. 16 A revised rate con can solve three problems at once
  17. 17 Scenario: six hours of waiting, zero collectible detention
  18. 18 Scenario: a cancellation before pickup
  19. 19 TONU should be tied to commitment
  20. 20 Deadhead makes TONU economically important
  21. 21 Layover should be connected to the truck-day
  22. 22 Do not double-count unless the agreement allows it
  23. 23 Delay can change the profitability of the next load
  24. 24 Measure facility performance
  25. 25 Track brokers too
  26. 26 Requested, approved, invoiced and collected are four different numbers
  27. 27 Quick pay and factoring can affect accessorial timing
  28. 28 Broker records matter when payment is disputed
  29. 29 Do not turn accessorial billing into a safety problem
  30. 30 A practical accessorial workflow
  31. 31 Build one accessorial file per load
  32. 32 Use a standard driver message
  33. 33 Use a standard broker request
  34. 34 Disputed accessorials should have a reason code
  35. 35 Accessorial revenue should not hide bad freight selection
  36. 36 The cost-per-mile calculation needs a time overlay
  37. 37 Five questions before accepting accessorial language
  38. 38 Treat accessorials as revenue controls
Quick answer

The essential point

Detention, layover and TONU are usually commercial accessorials, not one universal federal payment schedule. Protect the revenue before the delay happens: define the trigger, free time, rate, cap, cancellation conditions and required proof in the broker-carrier agreement or rate confirmation. When an event occurs, record arrival, check-in, dock, release and departure times; preserve ELD, tracking, messages and receipts; notify the broker promptly; obtain a revised rate confirmation when compensation changes; and invoice exactly as required. A valid operational delay can still become an unpaid accessorial when the carrier cannot prove the trigger or misses the paperwork process.

Key takeaways

  • Do not assume every broker uses the same detention, layover or TONU rules; the trigger, rate, free time, cap and documentation requirements should be confirmed before dispatch.
  • Detention affects more than waiting time because on-duty delay can consume a driver's available HOS and can turn a profitable one-day load into a two-day movement.
  • Arrival and departure timestamps are not enough for every dispute; preserve appointment, check-in, dock, release, ELD/tracking, messages and facility documents when available.
  • When an extra payment is approved, obtain a revised rate confirmation or other clear written authorization before invoicing instead of relying on a verbal promise.
  • Separate the operational event from the billing event: first prove that detention, layover or TONU occurred, then satisfy the broker's invoice and submission requirements.
  • Track accessorials as a percentage of amounts requested, approved, invoiced and collected so recurring facility or broker leakage becomes visible.

The truck arrives at 9:55 a.m. for a 10:00 a.m. appointment.

It leaves at 4:40 p.m.

Dispatch says:

“That is almost seven hours. Bill detention.”

Accounting asks:

“At what rate?”

The broker asks:

“Where are the in-and-out times?”

The driver says:

“The receiver would not sign anything.”

Then someone notices the rate confirmation says:

“Detention must be requested within 24 hours with proof of on-time arrival.”

That is the difference between experiencing delay and collecting accessorial revenue.

A motor carrier can be operationally entitled to complain about wasted truck time and still have a weak commercial claim for payment because:

  • the accessorial was never agreed;
  • the trigger is unclear;
  • the driver arrived outside the appointment;
  • evidence is missing;
  • the broker was not notified;
  • the request was late;
  • accounting invoiced the wrong amount.

The carrier therefore needs a system that begins before the truck waits.

Detention, layover and TONU solve different problems

These terms are sometimes used loosely.

That causes billing disputes.

Detention

Detention generally means the truck or driver is held at a pickup or delivery location beyond an agreed waiting period.

The commercial term should answer:

  • how much free time exists;
  • when the clock starts;
  • hourly or flat rate;
  • whether partial hours count;
  • maximum payment;
  • required proof.

Layover

Layover generally describes a larger delay that forces the truck into a later operating period or day.

Examples:

  • receiver reschedules delivery to tomorrow;
  • shipper cannot load until the next morning;
  • load is held overnight for product release.

The parties should define whether layover:

  • replaces detention;
  • can be paid in addition;
  • has a flat amount;
  • has a specific time threshold.

TONU

TONU means Truck Ordered Not Used.

It usually concerns cancellation after the carrier has committed equipment or dispatched toward the load.

A useful TONU term identifies:

  • when cancellation becomes compensable;
  • whether the truck must have started deadhead;
  • whether arrival at the shipper is required;
  • amount;
  • exclusions.

These are commercial labels.

The actual written agreement controls the particular transaction.

There is no one federal accessorial price sheet for brokered freight

A common owner-operator assumption is:

“Federal law says two hours free and then detention is $50 an hour.”

That is not an across-the-board federal rule for every property-broker load.

Current 49 CFR Part 371 regulates property brokers and their transaction records.

49 CFR § 371.3 requires a broker to keep a record of each transaction, including information such as:

  • consignor;
  • originating carrier;
  • bill of lading/freight bill information;
  • broker compensation;
  • non-brokerage services;
  • freight charges collected;
  • date of payment to the carrier.

It does not create one universal detention, layover or TONU rate.

That means the carrier should not build its accessorial process around an assumed industry number.

Build it around the contract.

Federal research confirms that detention has real operating consequences

The absence of a universal federal detention-pay schedule does not mean detention is economically insignificant.

FMCSA’s detention-time research has focused specifically on the effect of waiting time on:

  • driver compensation;
  • operations;
  • safety.

FMCSA cites earlier DOT Office of Inspector General work finding that detention reduced truckload driver earnings and was associated with increased crash risk as average dwell time increased.

The operational lesson is straightforward:

waiting is not free simply because the engine is not moving.

It consumes truck capacity and can consume legal working time.

HOS makes detention an economic problem

For a property-carrying driver subject to the general HOS rule, 49 CFR § 395.3 provides:

  • up to 11 hours of driving after the required off-duty period;
  • a 14-consecutive-hour driving window after coming on duty.

Ordinary waiting at a shipper does not automatically create more driving time later.

Suppose:

  • driver comes on duty: 6:00 a.m.;
  • pickup appointment: 8:00 a.m.;
  • loading complete: 1:00 p.m.

Seven hours of the driver’s day have already passed.

The load may still pay the same linehaul.

The available operational day does not.

The 11-hour and 14-hour guide explains the compliance rules in detail.

Do not confuse compensation with HOS relief

The broker agreeing to pay detention does not extend the driver’s legal driving window.

Likewise, the broker denying detention does not make the waiting time disappear operationally.

These are separate controls:

HOS

  • Can the driver legally continue?

Accessorial

  • Is additional compensation owed under the commercial terms?

Dispatch should answer both.

Price the free-time assumption before accepting the load

Suppose a carrier offers:

2 hours free

That means the truck has agreed to absorb the first two hours of qualifying wait as part of the original freight rate.

That is a pricing decision.

It should not be treated as invisible time.

If a facility regularly consumes:

  • 2 hours at pickup;
  • 2 hours at delivery;

the carrier may be giving away four truck-hours before any accessorial becomes payable.

That can be acceptable if the linehaul rate already compensates for the facility profile.

It can be disastrous when dispatch values the load only by mileage.

Define exactly when the detention clock starts

A term saying:

“Detention after two hours”

is incomplete.

After two hours from what?

Possible triggers:

  • appointment time;
  • physical arrival;
  • guard check-in;
  • dock assignment;
  • scheduled window close.

Example:

Appointment: 10:00 a.m.
Truck arrives: 9:30 a.m.
Guard check-in: 9:40 a.m.
Dock: 10:50 a.m.
Two hours free from appointment: detention begins 12:00 p.m.

That is different from calculating two hours from 9:30.

A strong rate confirmation eliminates the ambiguity.

Late arrival can change eligibility

Suppose the truck arrives at 10:25 for a 10:00 appointment.

The receiver still holds it until 4:00.

The delay is real.

Whether detention is payable depends on the agreed term.

Some load terms can condition detention on:

  • on-time arrival;
  • proper check-in;
  • continuous tracking;
  • signed times.

The carrier should never promise a driver or owner-operator:

“You waited, so detention is guaranteed.”

First verify the contract.

What a measurable detention term looks like

Weak:

“Detention available.”

Stronger:

“2 hours free after scheduled appointment and documented check-in. $60/hour thereafter, 15-minute increments, max $300. Requires signed arrival/departure times and request within 24 hours.”

The stronger term answers:

  • trigger;
  • free period;
  • rate;
  • increments;
  • cap;
  • evidence;
  • submission deadline.

Those are the variables a carrier should identify before booking.

Accessorial term fields to confirm
AccessorialDefine before dispatchEvidence to anticipate
DetentionFree time, trigger, hourly rate, increments, capAppointment, check-in, in/out times, ELD/tracking
LayoverThreshold, amount, whether it replaces detentionReschedule message, facility release, revised appointment
TONUCancellation trigger, dispatch/arrival requirement, amountCancellation message, dispatch time, location/tracking

Documentation should begin at arrival

The driver should not wait six hours and then try to reconstruct the timeline.

At minimum, capture:

  • load number;
  • facility;
  • appointment;
  • physical arrival;
  • check-in;
  • dock;
  • loading/unloading start if known;
  • loading/unloading end if known;
  • release;
  • gate departure.

Not every facility will provide every timestamp.

Preserve what exists.

ELD and tracking are evidence, not the whole claim

Electronic data can help establish:

  • truck arrival;
  • truck departure;
  • duration at location.

But a geofence does not necessarily prove:

  • appointment compliance;
  • whether the driver checked in correctly;
  • whether the truck was held by the facility;
  • whether loading was complete earlier;
  • whether the driver voluntarily remained onsite.

Use electronic data with the commercial records.

Preserve signed in/out times when available

A signed BOL, POD, gate ticket or facility record can be strong evidence.

Before leaving, the driver should check whether the document shows:

  • arrival;
  • departure;
  • signatures;
  • date.

If the facility refuses to sign times:

  1. do not create false paperwork;
  2. notify dispatch;
  3. preserve broker communication;
  4. capture available electronic evidence.

The claim should show what happened, including that the facility refused a requested signature if that is true.

Notify the broker while the event is happening

Do not make the first detention communication three days later.

A practical workflow might include:

At check-in

“Truck checked in for 10:00 appointment.”

At free-time threshold approaching

“Truck remains at facility. Free time expires at noon under rate con.”

When detention begins

“Detention running from 12:00. Please confirm facility/broker record.”

At departure

“Released 3:35 p.m. Requesting 3h35m under agreed detention term. Documents to follow.”

The exact communications depend on the agreement.

The point is contemporaneous notice.

Do not negotiate with the receiver when the broker is the counterparty

The driver may ask the receiver:

“Are you paying my detention?”

The receiver may say yes, no or “talk to the broker.”

That does not necessarily determine the carrier’s commercial entitlement.

The carrier’s agreement may be with the broker.

Follow the contractual chain.

Avoid letting a driver negotiate accessorial rates at the dock unless the carrier has explicitly authorized that process.

Get the extra amount into writing

Suppose the broker says:

“We approved $180 detention.”

The carrier should request a revised rate confirmation or other clear written authorization that identifies:

  • load;
  • accessorial;
  • amount.

Why?

Because accounting may invoice days later.

The person processing the invoice may never have heard the phone call.

The rate confirmation guide explains why material load changes should be documented.

A revised rate con can solve three problems at once

It can establish:

  1. the broker approved the accessorial;
  2. the amount;
  3. the total revised freight charge.

Example:

Original rate: $2,800
Detention: $180
Revised total: $2,980

Accounting now has a clean invoice basis.

Scenario: six hours of waiting, zero collectible detention

Scenario: a cancellation before pickup

TONU should be tied to commitment

A useful TONU clause answers:

  • When has the carrier committed equipment?
  • Does acceptance alone qualify?
  • Must the truck be dispatched?
  • Must the truck arrive?
  • Is there a cutoff time before pickup?
  • What happens when the carrier cancels?
  • What happens when the shipper cancels?
  • What amount is paid?

Without those answers, both parties can use different definitions of “truck ordered.”

Deadhead makes TONU economically important

Suppose:

  • 180 miles deadhead;
  • $0 freight because load cancels.

The truck has already consumed:

  • fuel;
  • driver time;
  • HOS;
  • opportunity.

A $150 or $250 TONU example may not fully compensate the carrier.

That does not mean the carrier is entitled to invent a larger charge afterward.

It means dispatch should understand cancellation risk when evaluating long-deadhead loads.

Layover should be connected to the truck-day

Layover disputes often happen because nobody defines when waiting changes from “hours” to “day.”

Possible commercial structures include:

  • detention continues until release;
  • detention converts to flat layover;
  • layover begins after overnight reschedule;
  • layover is paid per calendar day.

There is no reason to assume the broker’s definition matches another broker’s.

Read the term.

Do not double-count unless the agreement allows it

Example:

  • 4 hours detention;
  • then load moves to next morning;
  • $250 layover.

Can the carrier bill:

  • detention + layover?

Maybe.

Maybe layover replaces the detention payment.

The contract should answer.

Do not submit both automatically and then treat the broker’s rejection as nonpayment.

Delay can change the profitability of the next load

A layover does more than affect the current load.

It can cause the carrier to:

  • miss tomorrow’s pickup;
  • cancel another load;
  • deadhead to a different market;
  • consume weekly HOS.

This is why accessorial analysis should include opportunity cost.

But opportunity cost is not automatically a billable item.

It is an internal pricing input.

Measure facility performance

After enough loads, a carrier can identify facilities that repeatedly create unpaid time.

Track:

  • facility;
  • average dwell;
  • accessorial requested;
  • accessorial approved;
  • accessorial collected;
  • denied reason.

Example:

Facility detention leakage example
FacilityLoadsAvg. dwellDetention requestedCollected
Receiver A81h 20m$0$0
Receiver B64h 10m$720$360
Shipper C55h 00m$900$900

Receiver B has two problems:

  • long dwell;
  • 50% collection leakage.

That information can change future pricing.

Track brokers too

A broker may pay accessorials consistently.

Another may approve them but create difficult documentation rules.

Another may regularly dispute them.

Add accessorial collection behavior to broker-vetting history.

The broker-vetting guide focuses on authority, identity and payment risk.

Operational payment quality should become part of the carrier’s own internal broker score.

Requested, approved, invoiced and collected are four different numbers

Do not track only “detention earned.”

Track four stages.

Requested Carrier believes $300 is due.

Approved Broker authorizes $240.

Invoiced Accounting adds $240.

Collected Payment includes $240.

This reveals where money disappears.

Example:

  • Requested: $10,000/year
  • Approved: $8,000
  • Invoiced: $7,700
  • Collected: $7,200

There are three separate leakages:

  • contractual/documentation;
  • internal invoicing;
  • collection.

Quick pay and factoring can affect accessorial timing

A factor or quick-pay program may process the original freight invoice before an accessorial is approved.

That can create:

  • supplemental invoice;
  • amended invoice;
  • separate payment;
  • additional factoring documentation.

The freight factoring guide explains why payment structure changes the real cost of freight.

The carrier should know how its factor handles:

  • revised rate confirmations;
  • accessorial additions;
  • credit memos;
  • short payments.

Broker records matter when payment is disputed

49 CFR § 371.3 requires brokers to maintain transaction records.

Current federal broker-transparency regulations and pending rulemaking are relevant to the broader payment relationship.

As of August 8, 2026, FMCSA’s expanded property-broker transparency changes remain in the rulemaking process rather than replacing the current Part 371 framework as a final across-the-board rule.

Do not tell accounting:

“The new transparency rule guarantees automatic records within 48 hours.”

That was part of FMCSA’s proposed approach.

Use the current regulation for current rights.

Do not turn accessorial billing into a safety problem

A dispatcher should never tell a driver:

“You need to leave now or we lose the next load,”

when leaving would require an HOS violation.

49 CFR § 395.3 controls whether the property-carrying driver can legally drive.

The fact that detention compensation is capped does not justify exceeding HOS.

A capped accessorial can make the load economically worse.

It cannot change the safety rule.

A practical accessorial workflow

Protect accessorial revenue from booking to collection

  1. 01
    Define the term

    Before dispatch, identify the trigger, free time, rate, cap, cancellation threshold and documentation requirements for detention, layover and TONU.

  2. 02
    Brief the driver

    Tell the driver what timestamps, signatures, receipts and notifications are required on this load.

  3. 03
    Capture the timeline

    Record appointment, arrival, check-in, dock, release and departure using facility and electronic evidence where available.

  4. 04
    Notify during the event

    Alert the broker before or when compensable time begins rather than waiting until after delivery.

  5. 05
    Get approval in writing

    When additional compensation is authorized, obtain a revised rate confirmation or another clear written record.

  6. 06
    Submit exactly as required

    Send the invoice, POD/BOL, timestamps and other required proof through the correct portal or email before the submission deadline.

  7. 07
    Match payment

    Confirm the accessorial actually appears in the settlement rather than closing the file when it is merely approved.

  8. 08
    Feed the data back to dispatch

    Use facility and broker collection history to price future loads and avoid repeat revenue leakage.

Build one accessorial file per load

The file can be simple.

Keep:

  • original rate confirmation;
  • revised rate confirmation;
  • appointment;
  • BOL/POD;
  • in/out record;
  • ELD/tracking screenshot or export;
  • broker messages;
  • detention/layover/TONU request;
  • approval;
  • invoice;
  • settlement/payment.

Do not store the proof only in the driver’s phone.

Use a standard driver message

A one-truck carrier can use a simple internal format:

LOAD: 48192
FACILITY: ABC Warehouse
APPT: 10:00
ARRIVED: 09:48
CHECKED IN: 09:55
DOCK: 11:20
RELEASED: 15:32
DEPARTED: 15:40
SIGNED TIMES: Yes/No
BROKER NOTIFIED: 12:05

This is not a regulatory form.

It is an operational control.

Use a standard broker request

The request should be factual.

Include:

  • load number;
  • appointment;
  • qualifying start time;
  • release time;
  • calculation;
  • supporting documents.

Avoid:

“You wasted my whole day. Pay $500.”

Use:

“Load 48192: 10:00 appointment, checked in 09:55, released 15:32. Per rate con, two hours free and $60/hour thereafter. Requesting 3h32m under agreed calculation; signed facility times attached.”

The actual amount should follow the exact increments/cap in the contract.

Disputed accessorials should have a reason code

When the broker denies payment, record why.

Examples:

  • late arrival;
  • no signed times;
  • submitted after deadline;
  • no prior authorization;
  • cap applied;
  • layover replaced detention;
  • TONU trigger not met;
  • broker disputes event.

This makes recurring failure visible.

If 40% of denied detention is:

“no signed times,”

the carrier has a driver-process problem.

If 40% is:

“broker says no prior authorization,”

the carrier has a dispatch-process or contract problem.

Accessorial revenue should not hide bad freight selection

A carrier can become too focused on collecting detention.

The better outcome is often:

no detention because the facility turns trucks quickly.

Suppose two loads pay the same linehaul.

Load A

  • facility dwell: 1 hour;
  • no accessorial;
  • reload same day.

Load B

  • facility dwell: 6 hours;
  • $180 detention;
  • reload lost.

Load B collected more accessorial revenue.

It may still produce less total truck profit.

The goal is not to maximize detention invoices.

The goal is to protect compensation when a delay occurs while selecting freight that uses truck time efficiently.

The cost-per-mile calculation needs a time overlay

The Cost per Mile Calculator gives a useful operational baseline.

But a load sitting still can create a different problem:

  • fixed cost continues;
  • truck-day capacity disappears;
  • linehaul does not increase;
  • next load may be lost.

For delay-prone lanes, dispatch should consider both:

cost per mile

and

revenue per truck-day

A carrier that understands only miles can underprice time.

Five questions before accepting accessorial language

  1. What event triggers payment?
  2. How much time is free?
  3. What is the rate and cap?
  4. What proof is required?
  5. How and when must the request be submitted?

For TONU add:

  1. How committed must the truck be before cancellation qualifies?

For layover add:

  1. Does layover replace detention or stack with it?

If the rate confirmation does not answer an economically important question, clarify it before dispatch.

Treat accessorials as revenue controls

Detention, layover and TONU should be managed as revenue controls, not after-the-fact favors.

The carrier should know the term before accepting the load.

The driver should know what to document before arriving.

Dispatch should notify the broker while the event is happening.

Accounting should invoice from written approval and complete proof.

Management should track what was actually collected.

That turns:

“We waited six hours”

into a commercial file that can answer:

  • why compensation was triggered;
  • how much is due;
  • what evidence proves it;
  • whether it was approved;
  • whether it was paid.

Sources used for this guide

  1. 49 CFR § 371.3 — Records to be kept by brokers Electronic Code of Federal Regulations Accessed August 8, 2026
  2. 49 CFR Part 371 — Brokers of Property Electronic Code of Federal Regulations Accessed August 8, 2026
  3. 49 CFR § 395.3 — Maximum driving time for property-carrying vehicles Electronic Code of Federal Regulations Accessed August 8, 2026
  4. Summary of Hours of Service Regulations Federal Motor Carrier Safety Administration Accessed August 8, 2026
  5. Impact of Driver Detention Time on Safety and Operations Federal Motor Carrier Safety Administration Accessed August 8, 2026
  6. Transparency in Property Broker Transactions Federal Motor Carrier Safety Administration Accessed August 8, 2026

Common questions

Is detention pay required by federal law for every truck load?

Current federal property-broker and HOS regulations do not establish one universal detention-payment rate or free-time schedule for every brokered load. Detention compensation is commonly controlled by the parties' contracts and load-specific terms, subject to any other law that applies to the particular transaction.

What is the difference between detention and layover?

Detention generally describes waiting at a pickup or delivery facility beyond an agreed period, while layover generally describes a delay substantial enough to keep the truck or driver into a later operating period or day. The exact commercial definitions should come from the broker-carrier agreement or rate confirmation.

What does TONU mean in trucking?

TONU means Truck Ordered Not Used. It is a commercial cancellation charge that may be available when a carrier commits or dispatches equipment and the load is canceled. Whether it is owed, how much it pays and what must be proven depend on the agreed terms.

What proof should I keep for detention?

Keep the rate confirmation, appointment time, arrival/check-in time, dock time where available, release/departure time, signed in/out records, ELD or tracking data, broker messages and any facility paperwork required by the agreement.

Should a broker issue a revised rate confirmation for detention?

When the broker approves additional compensation, a revised rate confirmation or another clear written authorization is strong billing evidence. The carrier should follow the exact documentation process required by its broker-carrier agreement and the load terms.

Does waiting at a shipper stop the 14-hour HOS clock?

Not automatically. Under the general property-carrying HOS rule, a driver may not drive after the 14th consecutive hour after coming on duty following 10 consecutive hours off duty. Some qualifying sleeper-berth or other exceptions can change calculations, but ordinary facility delay does not by itself create extra driving time.

Can I charge detention if I arrived late?

That depends on the contract and circumstances. Many commercial accessorial provisions tie eligibility to an on-time appointment or specific check-in procedure. The carrier should read the actual term rather than assuming detention is payable whenever the truck waits.

How should a small carrier track unpaid accessorials?

Track each event from requested to approved, invoiced and collected. Record the broker, facility, load, type of accessorial, amount requested, amount approved, proof submitted, invoice date, payment date and reason for any denial.