What is Detention?

In shipping and logistics, there are two types of detention. The most common has to do with how long a truck driver needs to wait to be loaded or unloaded. Usually, the trucking company and shipper/broker have agreed to a set amount of “free time” (one or two hours is standard), and the trucking company starts charging after that time is up. These charges are meant to make up for some opportunity cost: a trucker who’s not on the road isn’t earning a wage.

The second type of detention, which is specific to drayage, is related to the duration a container is out of the port. While there is some variability here, all steamship lines (SSLs) want their containers returned within a specific amount of time, so that they can use the containers for exports, or ship them overseas while empty to be filled up and returned with goods in them.

This article focuses on the second type of detention.

Who pays for detention? 

There can be variability in terms of who is responsible for paying for detention. If a container is delivered to a shipper-operated warehouse, and the warehouse takes more than a week to unload, it’s generally the shipper’s responsibility. However, if the warehouse operates effectively, but the trucker can’t get the container returned in time, the carrier may end up paying the bill.

Is Detention Fair? 

Let’s start with the obvious fact that no one likes unexpected fees, and for the most part, detention is almost always unexpected. But like demurrage, the amount of time available before port detention is charged has been agreed to by all parties.

Detention is meant to be a deterrent from the steamship lines, allowing them to have visibility into which containers will be available at a given moment. After all, steamship lines can’t deliver goods without containers.

There are times, however, where the industry generally feels slighted by detention fees, especially when an appointment to return an empty container can’t be secured. The parallel would be a parent who takes their kid to the library to return books, only to find the doors are locked and the book-return drawer has been sealed.

Many SSLs are willing to work with shippers and truckers in these instances, but the burden of proof falls on the payor, and every SSL has a different burden of proof to ensure detention fees are waived.

How to avoid detention

The easiest way to avoid paying detention fees is to be on time when it comes to returning an empty container. Communication up and down the logistics chain is critical. Truckers need to know the terms of the agreement between a shipper/broker/3PL and the SSL, and should keep track of how long a container has been out (most drayage TMS solutions can incorporate this information and trigger alerts).

Warehouse leadership must also keep an eye on how quickly they’re turning containers. If a trucker only has a few hours to return the empty, there may be issues with securing appointments.

Finally, there must be a way to document instances of potential detention, such as taking screenshots to serve as evidence that an appointment wasn’t possible. Quality documentation can help shippers save unexpected costs.

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