A Defensible Detention Claim
Fewer than half of detention invoices are paid. The difference between the half that are and the half that are not is mostly documentary, and mostly decided before the truck leaves the facility. For a software-oriented reference on recorded work time and accountability, employee attendance tracking software.
Six elements. None requires software. For broader freight and commercial context, see Transportation Research Board.
The six
One. Two independent timestamps for arrival and departure. Not one authoritative source — two sources that agree. A geofence event plus a gate record. A driver photograph with metadata plus a signed check-in sheet. Two ordinary records beat one excellent one, because the second removes the argument rather than winning it.
Two. The contractual basis, quoted. The clause, the free-time allowance, the rate, from the rate confirmation. Not paraphrased.
Three. The arithmetic, shown. Arrival, free-time expiry, departure, billable duration, rate, total. Somebody on the other side must be able to verify it without contacting you. The FMC requires functionally this on the ocean side, which makes it a persuasive standard even where it is not an obligation.
Four. Contemporaneous notification. A message when the free window expires, timestamped, to a named person. This is the element most often missing and the one that changes outcomes most.
Five. The load reference, tying it to the specific movement.
Six. Submission inside the contractual window. A valid claim submitted late is not a valid claim.
Why notification matters more than the rest
Because it converts the charge from an accusation into a record.
Without it, the receiver learns of a three-hour wait six weeks later, with no opportunity to have done anything, and their reasonable first response is to doubt it happened.
With it, the wait was reported while it was happening, to someone who could have acted, and the invoice is a consequence of a documented event rather than a claim about the past.
It also occasionally prevents the charge entirely, which is the better outcome for both sides — a receiver told at the two-hour mark sometimes finds a door.
One message, at free-time expiry, every time. It costs nothing and it is the difference between a claim and a dispute.
What makes a claim indefensible
Driver-only timestamps against a facility with a gate system.
"Detention: 3 hrs — $255" with nothing else. Not an invoice, a demand.
The wrong term. Demurrage on a dry van signals the charge was generated rather than checked.
A contract that says "after 2 hours" and nothing more. Every boundary is then open, and the ambiguity is resolved by whoever is holding the money.
And a driver logged off duty during the period claimed. The hours-of-service record and the detention claim then contradict each other, and the contradiction is in your own paperwork.
The claim template
Six lines, and it fits in an email.
Load ABC-12345
Facility facility name, city
Gate in 14:02 (gate record + geofence 14:00)
Free time 2h per rate con §4, expires 16:02
Notified 16:05 to receiving contact by documented channel
Gate out 18:41 (gate record + geofence 18:43)
Billable 2h 39m @ $75/hr = $198.75
A receiver can check every line without asking a question. That is the entire objective.
For the paying side
Reject with a reason. A rejection saying what would make the charge payable is a negotiation; one without is an invitation to a dispute you will both spend more on than the amount.
Ask for the second source, not for more assertion.
And audit your own gate data before disputing a pattern. If your yard runs long, the invoices are the messenger, and the pricing effect you cannot see is larger than the charges you are refusing.
The short version
- Six elements: two independent timestamps, the quoted clause, the arithmetic, contemporaneous notification, the load reference, and timely submission
- Two ordinary records beat one excellent one, because the second removes the argument rather than winning it
- Notification at free-time expiry is the most-missed element and the one that changes outcomes most
- It sometimes prevents the charge entirely, which is the better result for both sides
- Indefensible: driver-only timestamps, a bare figure, the wrong term, a vague contract, or an off-duty log during the claim
- The whole claim fits in seven lines of an email that a receiver can verify without asking anything