How to Prove Detention Time With ELD and GPS Records (2026)

Quick Answer

To prove detention time, show when your truck arrived and left the facility and what you were doing in between. That means GPS trip history with timestamped arrival and departure, ELD on-duty not driving status at that location, check-in and BOL in/out times, and timestamped messages to your broker. Then bill only the hours past the free time on your rate confirmation, often 2 hours.

Key Takeaways

• No federal rule sets detention pay. Free time, the hourly rate and the paperwork you need come from your rate confirmation or contract.
• DOT's Inspector General found in 2018 that most of the industry measures detention only after the contract limit, "often 2 hours."
• The same report estimated that a 15-minute increase in average dwell time raises the expected crash rate by 6.2 percent, and that detention cuts truckload drivers' annual earnings by $1.1 billion to $1.3 billion.
• Waiting at a dock while you attend the truck or stay ready to move it is on-duty time under 49 CFR 395.2, and the 14-hour window keeps running either way.
• An ELD records date, time, location, miles and engine hours at every duty status change under 49 CFR 395.26, which gives you a timestamped record from the facility.
• Carriers told the OIG that shippers reject detention over a truck arriving a minute late or refuse to sign BOL times, so record arrival and get signatures in writing.

What counts as detention time in trucking?

Detention is the time you wait at a shipper or receiver beyond the free time your contract allows. FMCSA says there is no standard definition, but its 2024 Federal Register notice notes that industry, government and academic researchers have used dwell time over 2 hours, meaning total time at a facility, to mark detention.

The DOT Office of Inspector General's 2018 report found that most stakeholders measure only time beyond the contract limit, "often 2 hours," so waiting before that threshold goes unrecorded.

In GAO-11-198, a 2011 report based on interviews with over 300 drivers, about 59 percent said they had detention in the past 2 weeks and about 65 percent reported lost revenue from it.

How do you prove detention time?

You prove it with records that agree on when you arrived, when you left, and that you were ready to load or unload in between. One record is easy to dispute. Three that line up are not.

The OIG report says owner-operators and small carriers often note arrival and departure times on the bill of lading and ask the shipper to sign, but "representatives do not always sign." That is why GPS and ELD records matter: they don't depend on the facility's cooperation.

Which records count is set by your rate confirmation or the broker's detention policy. Read it before you need it, not after.

How does ELD and GPS data prove detention time?

Your ELD log and your GPS tracking are separate records that cover each other's gaps.

The ELD log is the regulated one. Under 49 CFR 395.26, every time you change duty status, the ELD records the date, time, location, engine hours, vehicle miles and driver and truck identification. Switch to on-duty not driving at the dock and to driving when you pull out, and both moments are stamped with a location. Under 49 CFR 395.30, edits must be annotated, so a clean log carries more weight than a handwritten note.

The ELD log only places you within about a mile, though. GPS trip history fills that in: the truck pulled onto the property at 7:52 and didn't move until 1:10. Our guide to GPS trackers for semi trucks explains how the log and the live map differ.

FMCSA uses the same data. Its 2024 notice says its detention study will measure detention from ELD and telematics data "such as latitude and longitude and duty status" from up to 80 carriers over 12 months.

Lucid ELD covers both from one device: real-time GPS with second-by-second updates and full trip history, plus a log that timestamps every duty status change. Pull arrival and departure from trip history and attach them to the invoice.

If a broker tracks your load, its feed may already show your arrival. See how to share truck location with brokers.

How do you bill detention?

1. Get the terms on the rate confirmation before you book. Free time, hourly rate, any cap, billing increment, who to notify, and the claim deadline.
2. Arrive on time and get a check-in time. The OIG found shippers refuse to pay for reasons as small as a truck arriving a minute after its appointment. Write down the appointment time too.
3. Change your ELD status at the facility. Go on-duty not driving when you check in so the log stamps the time and location.
4. Notify the broker on arrival and before free time runs out. A message with load number and arrival time creates a timestamped record, and many detention policies require it.
5. Ask for signed in and out times on the BOL. If the clerk refuses, note the name and photograph the unsigned BOL.
6. Capture your departure. Change status when you roll, then save the GPS trip history showing arrival and departure at the facility.
7. Calculate and invoice. Total time at the facility, minus free time, times the rate, rounded per your rate confirmation.
8. Send the evidence with the invoice. Attach the GPS record, ELD log page, signed BOL and messages before the claim deadline.
9. Follow up and keep copies. Carriers already must keep records of duty status and supporting documents for 6 months under 49 CFR 395.8(k).

How is detention pay calculated?

Start with total time on the property, not time at the dock. The numbers below are illustrative; your rate confirmation sets the real ones.

• Appointment 8:00 a.m. You arrive at 7:52 a.m. and depart at 1:10 p.m.
• Time at the facility: 5 hours 18 minutes.
• Minus 2 hours free time: 3 hours 18 minutes billable.
• At an example rate of $50 an hour, rounded down to the quarter hour: 3.25 hours = $162.50.

Some rate confirmations start the clock at the appointment time, not your arrival, if you showed up early. In this example that leaves 3 hours 10 minutes billable, or $150 at the same rounding. Check the wording.

A 5-hour stop that pays $162.50 may still lose money once you count the load you missed. Our cost per mile guide shows how to price that.

Does detention time count against your 14-hour clock?

Yes. Under 49 CFR 395.3, you can't drive after 14 consecutive hours from coming on duty. That window keeps running whether you log the wait as on duty or off duty.

Under 49 CFR 395.2, on-duty time includes attending a truck being loaded or unloaded, "remaining in readiness to operate" it, and giving or receiving receipts for the shipment. If you must stay ready to pull to a door when called, that is on-duty time. On-duty not driving time does count toward the required 30-minute break. For the full rule set, see our hours of service guide.

GAO found that about 80 percent of drivers who had experienced detention said it hurt their ability to meet hours of service limits. In September 2025, FMCSA proposed a Split Duty Period pilot program letting about 256 drivers pause the 14-hour window once, for 30 minutes to 3 hours, including on-duty not driving time at a pickup or delivery. On October 6, 2026, it published a notice seeking comment on the pilot's data collection. As of October 2026, the standard 14-hour rule still applies to everyone else.

Don't edit your log to win back hours lost at a dock; the record behind your claim is the one an officer reviews. See ELD log edits.

What if the shipper or broker refuses to pay detention?

The OIG report says six of eight carriers and owner-operators it interviewed reported that shippers sometimes don't pay detention fees they charge. The reasons given included a truck arriving a minute late and shipper representatives refusing to sign BOLs noting arrival and departure times.

Answer the stated reason with records. Late? Send the GPS arrival and check-in times. Times wrong or BOL unsigned? Send the ELD log, the GPS trail and your arrival messages.

On a brokered load, 49 CFR 371.3 requires brokers to keep a record of each transaction, including compensation received and its payer, and gives each party the right to review it.

Some carriers price it in: the OIG cited an OOIDA survey in which 20 percent of respondents had negotiated higher rates to cover detention. Keep a list of slow facilities and quote them accordingly.

For GPS trip history and ELD logs from one device, see Lucid ELD's plans on the pricing page.

Want live GPS tracking and a fleet dashboard? Talk to the Lucid ELD team

Educational content, not legal advice. Confirm requirements against current FMCSA regulations and your state's rules.

FAQ

How long is free time before detention starts?

There is no federal standard. DOT's Inspector General found the contract limit is often 2 hours, but your rate confirmation controls when the clock starts and what it pays.

Is GPS data enough to prove detention time?

It is strong for arrival and departure because it doesn't depend on the facility, but it doesn't show why you waited. Pair it with a check-in time, a signed BOL and your ELD status.

Should I log detention as on duty or off duty?

If you are attending the truck or must stay ready to move it, 49 CFR 395.2 makes that on-duty time. Either way, the 14-hour window keeps running.

Are owner-operators entitled to detention pay by law?

No federal rule requires shippers or brokers to pay detention. Your right to payment comes from the rate confirmation or contract, so get the terms in writing before you haul.

Can I see what the broker was paid on my load?

Under 49 CFR 371.3, brokers must record the compensation they receive and who paid it for each transaction, and each party to the transaction may review that record. The record may not itemize detention separately.