How to Document and Recover Detention, Layover, TONU, and Lumper Charges
Claims for warehouse waiting or a lumper payment follow the contract chain. A motor carrier directly contracted with a property broker submits under the broker-carrier agreement and rate confirmation. A leased owner-operator uses the lease and settlement process with the authorized carrier, while a company driver follows the employer’s policy.
Detention, layover, truck ordered not used (TONU), and lumper reimbursement are separate claims. Federal rules do not set one nationwide free-time threshold, rate, cap, or automatic payment process. Review the agreement and load-specific rate confirmation for the trigger event, calculation method, notice recipient, approval authority, deadline, and required documents.
At the facility, record the appointment, gate check-in, dock assignment, loading or unloading start, completion, paperwork-ready time, and release. Corroborate the timeline with gate records, facility systems, bills of lading, ELD or GPS data, and fleet messages. Notify an authorized dispatcher or broker representative in writing before contractual free time expires. Confirm calls by email or text.
For a lumper payment, obtain written authorization when practical. Keep a receipt identifying the facility, load, date, amount, and service. Retain separate payment proof, such as a card slip or portal confirmation. Request a revised rate confirmation showing the load, charge type, amount or formula, approval date, and approving person.
Keep hours-of-service records accurate. Waiting at a carrier or shipper facility, loading or unloading, attending the vehicle, or remaining ready to operate may be on-duty time under 49 CFR § 395.2. Supporting documents under § 395.11 can help verify the timeline, but they do not determine whether the charge is payable.
Submit one package containing the invoice, timeline, rate confirmations, BOL or POD, receipts, payment proof, approval, and follow-up record. If payment is denied, ask for the controlling contract provision and missing documents. Current 49 CFR § 371.3 requires brokers to retain transaction records for three years and permits transaction parties to review them. The proposed 48-hour electronic response period is not part of the current rule as of September 1, 2026.