Home Trucker Issues At the Loading Dock! Detention pay?
 

At the Loading Dock! Detention pay? PDF Print E-mail
Written by David J   
Wednesday, 29 July 2009 17:00

Detention time is when a truck is detained at a shipper's or customer's loading dock beyond a reasonable period of time. Generally in the industry, 2 hours are needed for loading or unloading a truck. Unfortunately many Shippers and Receivers generally do not care how long a driver has to sit without pay even though the time at the dock goes against the drivers hours of service (HOS). The shippers/receivers who  pay detention are generally pretty efficient at getting a truck going. It is those companies who refuse to pay detention time who take their sweet time loading or unloading a truck. Some companies will hold up a truck for the entire day before loading or unloading, sometimes longer. And remember that a driver is legally required to log this time as "On Duty Not Driving". Work without PAY. And it counts against his 70 week.

Other freight industries get and receive detention or demurrage pay. For instance the railroads after dropping a railcar at your site give you 2 days to work the load after that you pay demurrage for each day. Remember that a railcar does not have a driver waiting for it.

Ship Companies also charge demurrage after a negotiated time for loading or unloading. Their demurrage costs can be in the millions of dollars.

So what happened to detention pay in trucking? Congress refuses to talk about it because like in the case of Fuel Surcharges, they say it is tantamount to "Regulation". This is such hipocrisy on their part when they have REGULATED everything else in the trucking industry. If you think about it, the "Trucking Industry" is the most regulated "de-regulated" industry in America.

In my opinion, our elected officials do not want to upset the big industries that are contributing to their election campaigns by forcing them to pay what is fair to the Owner-Operators and Truck Drivers. If detention pay were mandatory the worst offending shippers/receivers would have to get their act together and run an efficient loading/unloading operation. More often than not the shippers and/or receivers schedule all incoming trucks to arrive at the same time, then it's first come first serve at the dock. To top it off at the receiving end a driver must pay for a lumper to unload his truck. The unloading can be done by the driver, but then he is left standing by his load for hours waiting for the receiver to count it and sign his bills. This is how many receiving companies handle it if you don't pay for them to unload their own freight. From my experience however this rule applies; "The more you are charged for a lumper, the longer it takes". Doesn't make sense but if you ask a trucker, he will agree.

Comments (6)
  • Anonymous
    If you get HUNG up at a Dock, I don’t even like the 2 hour rule, one pallet or 22 but that seems to be the norm ——–> Take your Sh*t & Git..Call the shipper or the Broker and let them settle it. Demand compensation. Don’t be taken advantage of because they have a bad attitude towards you. What the hell are appointment times for anyway. Just my 2cents! Oh ya, one more opinion…LUMP THIS !! It’s been a part of trucking for decades, sure, if someone else is paying but if it comes out of my pay and wasn’t included, LUMP THIS BUD !!
  • Roberta  - No compesation for Detention
    There are several good Trucking companies out there that are willing to pay detention pay. Lots of Trucking companies that wont. Of course the Independent struggles more often then not with this pay. Perhaps I over think this matter, but I've always said that if all the truckers stuck together on these matters and refused to leave the dock after detention without pay. It could help change the industry. I know I am not agreed with by many, however how else do we change what's wrong with any political bull.
  • Laura  - We need to get something done
    I agree on the fact that we need to be compensated for sitting and waiting. I believe that it is time to fight this. I'm willing to work on this and see if what I was told a few years ago from a former trucker is true. I was told that there is already a law out there and no one will push it. I have been sitting since 12:40 last night to get loaded. They are doing it now and taking their sweet time. If anyone has any ideas let me know.
    Thanks Laura
  • D C
    Laura, I have actually been onsite when the DOT was summoned as the Shipper was violating the Hours of Service regulations.
    I am an independent, if my load is 'Ready' it needs to be loaded on my scheduled pickup time, if it isn't, I pull out and call the broker and re-confirm detention pay or a higher delivery fee as if your unable to sleep for all this time no doubt you will be late.
    If you are a company driver, it would no be inappropriate for you to complain to your dispatch that you are sitting burning up drive time and will be unable to meet your scheduled delivery. As for laws governing this, most likely not one that will or would have gotten you off the dock any faster. Personally, I would leave after 2.5 hours, that's my limit if I am on time and the load is ready, everything else is all about the money.
    TrIbAl
  • John  - Then there are drivers that cheat on demurrage
    I sympathize with some drivers with legitimate complaints about demurrage. However, none of you want to talk about all of the drivers that cheat on their delay reports.

    Part of my job is to verify demurrage and every day, I catch drivers cheating. I catch some that are trying to pass on $500.00 in fraudulent demurrage claims. With satellite tracking, it makes my job even that much easier.

  • Eric
    John, truckers for many years have been FORCED to provide thousands of hours of free labor in the form of free unloading,free time at a dock picking up a load,free truck repairs, free overtime, free miles driven (because they are not paid for accurately for miles driven), free time spent waiting for a load, free layovers, and the list of free labor goes on and on. In any part of the world "free labor" is recognized as slavery. Yet, you falsely accuse drivers of seeking compensation for "false detention". Anyone that has ever driven a truck for a living knows that you are full of s**t. A large percentage of what goes on in trucking should be recognized as fraud and trucking company officials and many others should be charged, convicted, and jailed for the criminals that they are.
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