Who Proves Detention Time: Tariffs vs Rate Confirmations

Who has to prove a truck was waiting?

The carrier is the party that has to prove a wait, and the proof it must bring depends on the contract that governs the load. Under a published LTL rules tariff, the carrier’s own records can settle the question. Under a broker’s executed rate confirmation, the carrier may have to produce paper that the facility signed or stamped. We read both kinds of document, and they contradict each other on this point.

Does a carrier’s own record count when it bills a shipper?

Yes, under the rules tariffs we read, the carrier’s own record is enough, and the tariff makes it binding. ABF Freight’s tariff ABF 111-AU, page 40, says: “Carrier’s records shall be used to determine total delay time and shall be binding on each party.” The rule runs toward the carrier’s own books, and it binds both parties, not only the carrier.

The other two tariffs point the same way, with different conditions. AAA Cooper’s tariff 190-AF, page 21, says: “Arrival and departure times are not required to be noted on the delivery receipt. Documentation from internal electronic driver card system will be provided to the party paying the detention charges, at the respective party’s request.” The carrier does not need the times on the receipt, but it has to be able to produce the electronic record when asked.

TForce Freight’s tariff UPGF 102-T, page 33, is the one that gives the shipper a way to change the outcome. It says: “Unless the shipper or consignee stamps or marks the delivery receipt with time of arrival and departure, Carrier’s records shall be used to determine whether free time has expired.” Absent a stamp, the carrier’s records decide. A stamp displaces them.

Does every tariff issuer write a detention rule?

Yes, 19 of 19 tariff issuers have a detention rule, so every issuer in the sample puts the claim in writing. We read 25 published accessorial tariffs from 19 distinct carriers and shippers, collected 15 October 2026, and the finding covers those issuers only.

What does a broker’s rate confirmation make the carrier prove?

On the executed rate confirmations we read, the carrier has to produce the arrival and departure times on paper, and the broker can make a facility’s signature the condition of payment. KCH Transportation’s confirmation 8615027, page 3, says: “If applicable, the arrival and departure times must be stamped and/or written on the BOL.” Ryan Transportation Service’s confirmation 3454257, page 3, is stricter about who signs: “Carrier must present BOL with signed IN/OUT times from valid shipping or receiving employee”

The carrier’s burden here is a document it has to hold, not a record it keeps. A tariff lets the carrier’s system stand in for the receiver. A rate confirmation asks for the receiver’s paper, and several of the ones we read say plainly what happens without it: Armstrong Transport’s confirmation 2309326-1 states that if detention is requested, the bills of lading must reflect times “or will be denied”.

How many rate confirmations attach conditions to detention?

Twelve of the fifteen rate confirmations with a readable text layer impose at least one condition before detention is paid. We read 27 executed rate confirmations from 17 brokers; 22 were usable after exclusions, and 15 of those had an extractable text layer. The conditions cluster around proof and timing, and the counts for the 12 follow.

• Broker approval in advance or in writing: 6 of 12
• Times noted on the bill of lading: 5 of 12
• Advance notice to the broker: 5 of 12
• Times signed by the shipper or receiver: 4 of 12
• Active tracking: 3 of 12
• Late arrival disqualifies the claim: 2 of 12

The notice requirement is the one with a clock. TQL’s confirmation 23766750, page 2, says: “To qualify for additional compensation, the Carrier MUST notify TQL at least 30 minutes before beginning detention time and when arriving-on-time/departing from all shippers/receivers (unless the shipper/receiver will notate check in/out times on the paperwork)” King of Freight’s confirmation 1096311, page 2, is a different case: “KING OF FREIGHT DOES NOT PAY DETENTION, TONU FEES, OR LAYOVERS, BUT WILL ADDRESS ALL ISSUES WITH OUR CUSTOMER ON A CASE BY CASE BASIS.” That confirmation pays no detention at all.

How do the two sides compare on proof?

On the tariff side the carrier’s own record can be the proof, while on the rate confirmation side the proof is paper that the carrier has to produce. The table sets the two sides against each other on the points the documents address.

Why is the small carrier always on the side that has to prove it?

The small carrier is always on the proving side, because a tariff makes its own records the default proof and a rate confirmation makes the facility’s times the proof it must bring. The tariff and the confirmation both leave the proof with the carrier. A carrier with its own electronic record can meet the tariff test, but a carrier that never got the receiver’s paper fails the confirmation test, whatever its own records say.

How should a small carrier build its proof before the load moves?

A small carrier should get the detention terms, the proof required and any notice deadline written into the rate confirmation before dispatch, because that document sets what it must produce. The conditions we read are written there, and a carrier that accepts a load without reading them can find a requirement it cannot meet once the truck is already at the dock.

1. Ask the broker, before dispatch, which proof it requires: a BOL with times, signed times, a stamp, or active tracking.
2. Ask the receiver’s dock to write the arrival and departure times on the BOL at the time they happen, and to sign them when the form requires it.
3. Send the notice the confirmation requires inside its window, as TQL’s confirmation requires.
4. Keep the electronic driver record for the load, so the tariff route is open if the payer is a shipper.
5. Treat a confirmation that states detention is not paid, as King of Freight’s does, as a load with no detention in its price.