Detention time

I just send in the BOL with the times on it and move on. Sometimes it comes thru and it's a nice bonus, other times nothing happens but I already forgot I was hoping for it. And when it does come thru, I can rarely remember which one it was for, and I don't usually care enough to go digging to find out.

I'm just not a paperwork person. I prefer thinking about other things.

 

Ill say this, ive never been one to care about detention UNLESS, most of my loads are pick one day deliver the next so, if the load is going 400 miles and I cant make it to the receiver because im sitting waiting to load(doesn't happen much if at all) then ill either leave or push the detention and ask for new rate con...... I guess it depends on what kind of mood im in.

 

What's detention? But I dumped that company so maybe I'll find out during my next gig.

 

I'm a company driver and my company, so far, has been pretty good about paying detention. However, there are a few hurdles I have to jump for it. Some places have been really nice with good folks that treat me well. For those, I usually don't bother. It's mostly little 'Mom and Pop' kind of places that tend to be pretty informal.
However, those places with lumpers, you bet I make sure I get any due detention pay!!!

 

No one likes to pay detention, and they hope you give up and go away. Stay on them, always ask about detention before booking a load, ask when it kicks in. When it does, call them and let them know detention has started. Get in and out times on your bills. This doesn't always work, but when a shipper or receiver tells you they are behind, and its going to be a while. I always tell them to take your time! I get $100 an hour after 2 hours.... Sometimes its like they are jealous and get you out quickly.

 

In order to get detention, it needs to be formulated in the contract between 2 parties.
If you want to claim $100/hr after 2 hours or $1000 TONU, the contract needs to show it.
The contract for detention pay needs to be agreed by both parties and explicitly signed.

Most broker - carrier agreement set ups have some basic detention terms ( e.g. $35 / hour after 2 hours with $210 max per day) unless they are overridden on the individual rate confirmations either be a broker or a carrier.

In case of disputes, the most important thing is to prove that the broker agreed to your detention terms. It is not enough to scribble something on the broker-carrier agreement margine or put a red ink stamp on the bottom of rate con. The broker still needs to initial it or sign it, which shows his acceptance of your terms.

The game needs to be clear from the very get go. You need to tell them, "I'll take this load on the condition that I get paid $100 per hour after two hours up to $900 per day and I need to put it in writing on the rate confirmation and you will initial it"
Something like that suppose to be a part of a load negotiation before you even take the load.
It is not always easy to convince them to do it.
They may, in turn, try to convince you to skip the bureaucratic part for the lack of time or they may laugh at this as something silly to be bothered by. Some brokers can be honorable and will pay you what they promised because they gave you their word but if you don't have it in writing then there is not much you can do if they don't pay you and officially deny that such detention agreement ever was made.

 

And there is another issue of proving the detention.
Not all of the shipper/ receiver clerks want to cooperate and put down their in and out times with their initials or stamps.
They will simply say that they are not allowed to do it and you can talk to the management during business hours but at this time they're gone already. Your broker may be gone for the day too. Tough $h!t!
You can put down the times yourself, Macropoint or any tracking app can be helpful.
Maybe the broker won't be a scam and will accept your word for it.
A lot of times, brokers say that whether detention can be paid or not is not up to them but up to their customers. It should not be your concern and that's their problem...as long as you have it on the contract and prove that the detention occured.

 

Is there a specific fmcsa law that deals with detention?

 

No and businesses don't need one. The last thing I need is the Feds telling me how much I can charge for accessorials.