TONU, detention and layover: what your rate con should say
Detention, TONU and layover are the three lines that pay you when a load goes sideways: you wait, the load is cancelled, or you're stuck overnight. If they aren't written into the rate confirmation, you are relying on a broker's goodwill. Here is what each one should say, and how to ask for it before you sign.
Why the paper matters more than the phone call
A rate confirmation is the contract for one load. Whatever was said on the phone, the signed document is what a broker's accounting team reads when your invoice arrives. If detention "will be taken care of" but the rate con is silent, you have a promise you can't easily prove. If TONU is "at broker discretion", the discretion is theirs, not yours.
The good news: these clauses are short. Getting them right takes one email before you sign, not a lawyer.
Detention: getting paid for waiting
Detention pays you for time spent waiting at a shipper or receiver beyond the free time allowed. A detention line that actually gets paid answers six questions:
- The rate. A dollar amount per hour, written as a number. "Detention per broker policy" is not a rate.
- The free time. How many hours are free before detention starts. Read the number; don't assume it.
- When the clock starts. At your arrival or check-in time, or at the appointment time? Some rate cons only count from the appointment time, so arriving early earns nothing extra. If you arrive on time and wait, the clock should start at check-in.
- How time is proven. In and out times written on the bill of lading, ELD or GPS timestamps, or a tracking app. Know which one the broker accepts before you arrive.
- Billing increments and caps. Paid by the full hour, by 15 minutes, or only after a full hour? Is there a daily maximum?
- Notice rules. Some rate cons say detention is only paid if you tell the broker while you are still waiting, sometimes within a set time. Miss that step and the claim can be refused even when the wait was real.
Example wording you can ask for (fill in your own numbers):
Detention: $___ per hour after ___ hours free, starting at check-in for on-time arrivals, paid in 15-minute increments, proven by in/out times on the BOL or ELD records. Carrier will notify broker by message once free time is used.
TONU: when the load is cancelled
TONU means "truck ordered, not used". It is a flat fee paid when a broker cancels after you have been dispatched, are on the way, or are already at the dock. For a cancelled load, it is often the only money you will see for the miles you already drove.
A TONU line should say:
- A fixed dollar amount. Not "up to", not "at broker discretion", not "if approved".
- What triggers it. For example, cancellation after dispatch, or after the truck arrives at the shipper.
- What proof you need. Usually the dispatch time and the cancellation message. Save both.
If the rate con has no TONU line at all, ask for one before you roll. It is much easier to agree a number while the broker still needs the truck.
Layover: when you are held overnight
Layover pays for a lost day when the truck is held overnight, for example because the receiver pushes the appointment to the next morning. It is usually a flat amount per day rather than an hourly rate.
Good layover wording covers:
- The daily amount, written as a number.
- What counts as a layover day. For example, a delay by the shipper or receiver that moves loading or unloading to the next calendar day.
- How it interacts with detention. Does detention stop when layover starts? Can you be paid both on the same day? Spell it out so nobody argues later.
Traps to look for in the fine print
Even when all three lines exist, conditions elsewhere in the rate con can quietly cancel them. Read the whole document, including the terms on the second page, for clauses like these:
- "Must be on time to qualify." Fair enough on its face, but check how "on time" is defined and who records it.
- Paperwork deadlines. A rule that detention or layover claims must be submitted within a short number of days, with specific documents attached.
- Fines that offset accessorials. A late check-call fine or tracking-app penalty can wipe out the detention you earned on the same load.
- "All-in" rates. A line saying the rate includes all accessorials means you may have agreed to wait, unload and lay over for nothing extra.
- Setoff clauses. These let a broker take money owed on one load out of your pay on another. Read our rate confirmation red flags guide for more on these.
How to ask for changes before you sign
Asking for a revised rate con is a normal request. A short, specific request works better than a long argument. Something like:
Before I sign load #___: please add detention at $___/hr after ___ hrs free from check-in, TONU of $___ if cancelled after dispatch, and layover of $___/day if held overnight. Everything else looks fine. Thanks.
Then check the revised version before signing. Make sure the change is in the document, not just in the email.
Keep a simple record on every load
- Arrival and departure times on the BOL, signed if you can get it.
- A photo of the BOL showing those times.
- Screenshots or copies of every message about delays, cancellations and appointment changes.
- The signed rate con, saved with the load number.
If a payment dispute does come up, federal rules give you one more tool. Brokers must keep a record of each transaction for three years, including the compensation they received and the freight charges they collected, and each party to a brokered transaction has the right to review that record (49 CFR 371.3).
Check a rate con in seconds. Paste the text into the free Rate Con Checker. It flags missing detention, TONU and layover lines, fines, setoff and long payment terms, and writes a fix request you can send to the broker. It runs in your browser, so nothing you paste is uploaded.
Not legal advice. This guide is general information, checked against the sources below on 11 October 2026. Rules change: confirm with the official source and a qualified professional before you act. Quickwell is not affiliated with FMCSA.
Sources
- 49 CFR 371.3 (records kept by brokers), eCFR text current as of 7 October 2026: https://www.ecfr.gov/api/versioner/v1/full/2026-10-07/title-49.xml?part=371§ion=371.3