How to Document and Recover Detention, Layover, TONU, and Lumper Charges

A driver arrives for the appointment but waits hours for a dock. At unloading, the warehouse requires an on-site lumper payment. At settlement, the property broker says it never received notice of the wait, the carrier has no revised rate confirmation and the driver’s receipt cannot be matched to the load. When the records do not connect, collecting becomes difficult.

Start with who may request the charge and what the contract allows. The site records should also establish when the charge arose, how much it was and who approved payment.

Who can request payment?

When a motor carrier contracts directly with a property broker, the carrier generally requests the charge using the broker-carrier agreement, the load’s rate confirmation and the transportation records. A leased owner-operator generally follows the lease and settlement procedure with the authorized carrier. A company driver looks to the employer’s pay and reimbursement policies.

These are different routes to payment. Even a driver who advanced the money may not be able to collect directly from the broker. Leased owner-operators should pay particular attention to the lease. 49 CFR § 376.12 requires it to address responsibility and any compensation for detention, accessorial services and loading and unloading. Have the contracting parties clarify ambiguous terms in writing. A vague telephone promise is difficult to use at settlement.

Separate four types of charges

Detention generally concerns waiting beyond the free time agreed in the contract. Total time at the facility is dwell time, and not every minute is billable. Check the contract and load confirmation for the starting event, rate, billing increment, cap and documents required.

Layover commonly concerns a delay extending into another day or consuming the driver’s next work period. Truck ordered not used (TONU) generally involves a truck that accepted dispatch and departed or arrived before the load was cancelled or could not proceed. A lumper fee pays for outside loading or unloading personnel or services used by the warehouse. Each charge has its own trigger. Whether more than one may be claimed for the same period depends on the contract.

An FMCSA detention study used two hours as an analytical threshold. It did not establish a national payment threshold. Federal rules do not set a uniform free period, rate or automatic payment mechanism for these commercial charges. Before accepting the load, check whom to notify, who can approve, the submission deadline and the documents required. If the master agreement and load confirmation differ, obtain written clarification of the term governing this load.

Document the full timeline from arrival to exit

Record the appointment, gate check-in, dock assignment, loading or unloading start and finish, time paperwork was ready, and release or exit. Identify the source for each time. Gate slips and facility records help verify entry, docking and departure. The bill of lading (BOL) and proof of delivery (POD), ELD, vehicle location records, fleet messages and photos can supply different parts of the sequence.

An ELD screenshot generally shows only that the vehicle stopped for a period. Other records must establish the appointment, actual check-in, when work began and which interval qualifies under the contract. If staff decline to stamp or provide times, retain contemporaneous messages identifying whom you asked and the response. Use other records made at the time to complete the timeline.

As contractual free time approaches, promptly give written notice to the authorized dispatcher or broker. Identify the load, warehouse, appointment and arrival times and current progress. Ask about the applicable rate and required proof. After a call, confirm its time, the contact’s name and the decision by email or text.

Log duty status as it actually occurred

Under 49 CFR § 395.2, time waiting for dispatch at a carrier or shipper facility is generally on duty unless the carrier has relieved the driver of duty. Loading, unloading, supervising the work, attending the vehicle during it or remaining ready to operate may also be on duty. Log hours of service (HOS) according to the facts. Do not revise a log to increase detention charges or record actual work as rest to preserve available hours.

Under § 395.11, supporting documents include BOLs, dispatch or trip records, expense receipts for on-duty nondriving time, fleet electronic communications and settlement statements. The rule supports verification of records of duty status (RODS). It does not establish whether a commercial charge is payable. These contemporaneous documents can nevertheless show what happened at the facility.

Keep evidence of both the lumper charge and who paid it

When possible, get written authorization from the carrier or broker before paying the warehouse’s lumper charge. Identify the load, warehouse, amount or calculation and person approving payment. If immediate payment is required, promptly send the demand and amount to the responsible person and retain the full conversation.

Keep the receipt and proof of payment. The receipt should connect the warehouse, load or purchase order number, date, amount and service. A card slip, electronic payment authorization, platform confirmation or bank record can identify the payer. A debit with no link to a load may prompt a request for more documents.

Under 49 U.S.C. § 14103, if a shipper or receiver requires a vehicle owner or operator to use loading or unloading assistance, the shipper or receiver must provide it or compensate the full cost of securing and paying for it. That statute alone does not establish that a broker owes reimbursement. Check the contracting chain, who required assistance and who authorized the expense.

Put approved accessorial charges on a revised confirmation

After detention, layover, TONU or a lumper fee is approved, request a revised rate confirmation. It should identify at least the parties, load number, charge type, amount or calculation, approval date and approver. Retain the original load confirmation as well.

If approval arrived only by email or text, keep the full exchange, including sender, time and context, then request the revised document in writing. A revised rate confirmation is valuable evidence. It is not a uniform federal form or a guarantee of payment.

Submit the collection package together

Include the invoice, timeline, original and revised rate confirmations, BOL or POD, lumper receipt, proof of payment, written authorization and subsequent collection correspondence. Itemize each charge, the contract’s free-time rule, billable start and end, rate, unit, cap and total. The recipient can then verify each amount without reconstructing the entire visit.

If payment is refused, ask for the contract term relied on and the specific missing documents. Under 49 CFR § 371.3, a broker must keep a record of each brokerage transaction for three years, and parties to the transaction may review the corresponding record. A 2024 notice of proposed rulemaking proposed electronic provision of records within 48 hours of a request. As of September 1, 2026, that deadline had not been written into the effective provision. It cannot be treated as an enforceable deadline on the basis of the proposal.

Recovery depends on whether the evidence supports the contract terms. Check those terms at booking, build a verifiable timeline on site, obtain written approval when charges arise and promptly request the revised documents and submit the full package after departure. A screenshot, receipt or revised confirmation alone seldom tells the whole story.

Disclaimer

This article draws on Title 49 of the U.S. Code and Code of Federal Regulations, FMCSA and Federal Register public materials as of September 1, 2026. It provides general information, not legal, contract, collection, tax or financial advice. Rules and business terms for detention, layover, TONU, lumpers, broker records and HOS may change. Use the signed agreement, load documents and current eCFR, GovInfo, FMCSA and Federal Register records. Contracting relationships, approval authority, calculation methods, evidence and disputes vary. This article does not decide whether a charge is valid, which party ultimately bears it or whether collection, record inspection or other recovery efforts will succeed. Consult a qualified lawyer, accountant or other professional for a substantial amount, disputed interpretation or legal action. The author and publisher accept no liability for losses arising from actions taken on the basis of this article.

Office of the Federal Register. “49 CFR § 371.3: Records to Be Kept by Brokers.” eCFR, up to date as of 28 Aug. 2026. Accessed 1 Sept. 2026.

Office of the Federal Register. “49 CFR § 376.12: Lease Requirements.” eCFR, up to date as of 28 Aug. 2026. Accessed 1 Sept. 2026.

Office of the Federal Register. “49 CFR § 395.2: Definitions.” eCFR, up to date as of 28 Aug. 2026. Accessed 1 Sept. 2026.

Office of the Federal Register. “49 CFR § 395.11: Supporting Documents.” eCFR, up to date as of 28 Aug. 2026. Accessed 1 Sept. 2026.

United States Government Publishing Office. “49 U.S.C. § 14103: Loading and Unloading Motor Vehicles.” GovInfo. Accessed 1 Sept. 2026.

Federal Motor Carrier Safety Administration. “Impact of Driver Detention Time on Safety and Operations.” U.S. Department of Transportation. Accessed 1 Sept. 2026.

Federal Motor Carrier Safety Administration. “Transparency in Property Broker Transactions.” Federal Register, 20 Nov. 2024. Accessed 1 Sept. 2026.