Evidence
What Documentation Do You Need to Get Detention Paid?
Four of the five documents behind a detention claim can be reconstructed after delivery. One cannot — and it is the one most claims are lost on.
A complete detention claim is five things: a rate confirmation naming the terms, a bill of lading with in and out times, a written notice sent while the truck was still sitting, supporting facility records, and telematics data backing all of it up.
Four of those can be reconstructed after delivery. One can’t. If you were denied and you’re trying to work out what went wrong, start with the notice, because that’s the piece that doesn’t exist retroactively and it’s the second most common reason claims get rejected.
The complete claim packet
| Document | How brokers treat it | What it proves |
|---|---|---|
| Rate confirmation with explicit detention terms | Required | That you’re owed anything at all: free time, hourly rate, cap |
| Signed BOL or POD with facility in and out times | Required | Physical arrival, dock release, and that a clerk acknowledged both |
| Timestamped written notice sent before the charge is incurred | Required, and a condition of payment | That you gave the broker a chance to intervene while it was still fixable |
| Guard shack tickets, gate slips, door assignment logs, lumper receipts | Supporting | Corroborates the BOL times from a second source |
| ELD or GPS geofence records | Supporting, frequently challenged | Vehicle position and dwell duration |
Compiled from published accessorial schedules and broker-carrier agreements, including Knight-Swift’s and Campbell Soup’s. Your own rate confirmation overrides all of it.
The ordering matters. Carriers tend to assume the ELD record is the strongest evidence because it’s the most objective. Brokers treat it as supporting, and treat a clerk’s handwritten time on a bill of lading as primary, even though the clerk was guessing and the ELD wasn’t.
It isn’t a blanket refusal of electronic evidence, though. Campbell Soup’s schedule requires a statement of record showing check-in and check-out times, and accepts either an EDI 214 status message or an annotated signed BOL depending on the facility. What shippers want is a record of a status someone asserted, not a record of where a vehicle was.
The notice is the only piece you can’t rebuild
Broker-carrier agreements commonly require the carrier to advise the broker at or before incurring detention or other accessorial charges, and treat failure to do so as forfeiting the right to collect. Knight-Swift’s published agreement says precisely that.
So the standard isn’t a set number of minutes’ warning. It’s simpler and harder: tell them before the clock starts. One agreement permits the notice verbally provided it’s confirmed in writing within 24 hours, which matters if your driver already raised it at the facility.
A notice that works contains three things: the load reference number, the exact check-in time, and the current status at the facility. Email, SMS, or a message in the broker’s portal all work, as long as it’s written and timestamped. Something in this shape:
Load 48812. Driver checked in at guard shack 09:04. Still not at a door as of 11:00. Free time expires now, detention clock starting.
Then keep the reply. A written acknowledgement from the broker is what authorizes you to bill, and it converts a disputed claim into an administrative one.
Why ELD data alone won’t get you paid
It’s worth being direct about this, because software vendors are not.
Telematics from a certified ELD gives you an unarguable record of when the truck entered and left a geofence. Transportation attorneys and technology-forward brokers treat that as reliable. Traditional brokers and distribution centres frequently don’t, and their objection isn’t unreasonable: a truck sitting inside a facility geofence doesn’t establish that the driver checked in at the guard shack, was staged at an assigned door, or was ready to load.
Presence and availability are different things, and detention is owed for the second one.
So ELD records are corroboration, not proof. They’re extremely good at what they do, which is confirming a timeline you’ve already established through the paperwork, and closing the gap when facility staff refuse to write times down. They rarely carry a disputed claim on their own — the boundary is worth understanding precisely.
Submit within 48 hours
Rate confirmations commonly require the detention invoice and supporting documents within 24 to 48 hours of load completion, and collection rates fall sharply past that mark. Deadlines vary: one large shipper’s schedule gives 72 hours for driver-assist charges specifically, so read yours rather than assuming.
When the facility won’t sign
When facility staff won’t record arrival and departure times, four steps preserve most of the claim:
- Write the check-in time, door assignment time, and release time on the face of the BOL by hand.
- Add a line stating that the shipper or receiver refused to record in and out times. Get the clerk’s first name or employee number, write it down, then date and initial the entry.
- Photograph the annotated BOL, the door number, and any visible dock clock, while still inside the facility.
- Send the annotated BOL and the ELD record to the broker immediately on departure, not at end of day.
Broker acceptance of this varies and it isn’t a guaranteed fix. It works considerably better when a real-time notice was already sent, because at that point the annotation corroborates something the broker already knew about rather than introducing it after the fact.
What gets denied, and what’s worth fighting
| Denial reason | Worth fighting? |
|---|---|
| Missing or blank BOL timestamps | Yes, if you have a real-time notice and ELD records to substitute |
| No real-time notification sent | Rarely. This is usually a contractual waiver, not an argument |
| Filed after the submission window | Rarely, unless the broker’s own delay caused it |
| Rate con has no detention terms, or says “at broker discretion” | No. There was never an enforceable claim |
| Driver was late to the appointment | Sometimes. Depends on whether the delay was actually caused by the lateness |
| “Shipper hasn’t approved it” | Yes. Escalate past dispatch to accounts payable |
Denial categories observed in published broker-carrier agreements and accessorial schedules. What your own agreement says governs.
That last one deserves a note. Some brokers pay detention only after the shipper reimburses them, and pass the denial straight through when the shipper refuses. Whether they’re entitled to do that depends on what your agreement actually says, and the standard templates point the other way.
The broker-carrier agreement template published by a Canadian brokers’ association makes the broker the sole party responsible for paying the carrier, and states that the broker’s failure to collect from its own customer does not exonerate it. Knight-Swift’s agreement likewise directs the carrier to look solely to the broker for payment. Neither makes payment contingent on the shipper.
So before accepting a pass-through denial, read the clause. If your agreement contains no contingent-payment language, the broker is the party you contracted with.
Which claims to write off
Some are not worth the labour, and knowing which protects the time you spend on the rest:
- No notice sent. Where the agreement makes notice a condition of collecting, this is a process-improvement signal rather than a collection opportunity.
- No detention terms on the rate confirmation. Nothing to enforce.
- Under an hour of billable time. Assembling and chasing a $40 claim manually costs more than the claim, unless the packet assembles itself.
Writing those off isn’t defeat. It’s what makes the winnable claims economic — though the habit is easy to over-apply.
A checklist you can copy
Before the truck leaves the facility
- Guard shack check-in time recorded
- Written notice sent to broker at or before free time expiry, with load number and check-in time
- Broker acknowledgement received and saved
- BOL signed with in and out times, or annotated with refusal noted and clerk identified
- Photos of annotated BOL, door number, dock clock
- Lumper or gate receipts collected
Within 48 hours of delivery
- Detention invoice itemized separately from linehaul and fuel surcharge
- Rate confirmation attached with detention terms highlighted
- BOL, notice thread, and ELD record attached
- Submitted to the broker’s billing address, not the dispatcher
What to do next
If you’ve been denied recently, pull the claim and check it against the packet above in order. In most cases the failure is the notice or the submission window rather than the evidence, and both of those are process problems you can fix this week without renegotiating anything.
If it’s happening repeatedly, the fix is upstream: the notice has to fire reliably at the two-hour mark on every load, not when someone remembers. Doing that by hand across a fleet is the part that breaks down, which is why we built DwellWatch to detect the dwell and assemble the packet automatically.
Worth knowing before you renegotiate anything: what a normal detention rate actually looks like.
Find out what detention cost your fleet last month
Connect your ELD and DwellWatch reads the last 30 days of your own telemetry — every hold past free time, at every customer site, with the hours behind it. It takes minutes, there is no card, and nothing for your drivers to do.
It is a measurement, not a cheque: filing windows and the notice requirement mean most of a look-back is already gone. What it tells you is the size of the leak, and whether it is worth closing.
Start my free auditRead next
What to Do When a Broker Denies Your Detention Claim
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Can ELD Data Be Used as Proof of Detention?
ELD data proves your truck was there. It doesn’t prove the driver was checked in and ready to load. Here’s where it wins detention claims and where it fails.
Standard Detention Rates by Freight Type
Standard detention is two hours free then $50 to $60 an hour, capped around six hours. Here’s what real contracts say, and why normal doesn’t cover your costs.