Truck Order Not Used and layover are two of the most underbilled line items in independent dispatch. Both happen because someone other than your carrier failed to do their job — the shipper canceled the load, the consignee was not ready, the appointment slipped a day. And both are routinely written off by dispatchers who either did not lock the right language into the rate confirmation or did not have the documentation to fight back when the broker pushed back. Here is the language to bake into your rate confirmations, the real-time documentation routine, and a negotiation script that gets the money paid every time.
First, Get the Definitions Right
TONU — Truck Order Not Used — applies when a load is canceled by the shipper or broker after the carrier has been dispatched but before the truck has loaded. Industry standard is a flat fee of $150 to $250 if the cancel happens before the truck rolls toward the pickup, and a higher rate — typically $250 to $500 — if the truck is already en route or has arrived at the pickup. Some lanes and high-deadhead pickups command higher TONU floors. Get yours in writing before the truck moves.
Layover applies when the truck is already at the pickup or delivery and the shipper or consignee cannot complete loading or unloading within a reasonable detention window — usually two hours past appointment — and the carrier is forced to wait into a second day. Industry standard is $250 to $400 per 24-hour period, billed in full-day increments. Reefer layover is generally higher because of fuel burn for temperature maintenance. Both detention and layover should be in your rate confirmation as separate line items with separate triggers.
The Rate Confirmation Language That Wins These Fights
You cannot negotiate a TONU or layover after the fact unless the language was already in the rate con. Push back on every rate confirmation that does not contain explicit numbers for both. Here is the language to insert or insist the broker insert before you sign:
TONU clause: "If the load is canceled or rescheduled by Broker or Shipper after Carrier accepts the dispatch and is en route to or at pickup, Broker shall pay Carrier a Truck Order Not Used fee of $250 if cancellation occurs before driver arrival, or $400 if cancellation occurs after driver arrival at the pickup facility. TONU is payable within 30 days of the cancellation, supported by Carrier’s dispatch confirmation and arrival timestamp."
Layover clause: "If Carrier is delayed at pickup or delivery beyond two (2) hours past the scheduled appointment time and is required to remain on-site or in close proximity for an overnight period, Broker shall pay layover at $300 per 24-hour period (or $400 per 24-hour period for refrigerated equipment), beginning at the conclusion of the two-hour free detention window. Layover is payable in full-day increments."
Two extra details make these clauses enforceable. First, define the trigger event — dispatch acceptance time for TONU, appointment time for layover — in writing. Second, specify what documentation Broker will accept as proof. The cleanest standard is dispatcher-stamped messages, GPS timestamps from your TMS, and gate-in or gate-out times signed at the facility. If you let the broker decide what proof is acceptable after the fact, you will lose every disputed claim.
Real-Time Documentation Routine
Brokers deny accessorial claims for one of two reasons: missing proof or late submission. The dispatchers who collect the most TONU and layover have a five-minute habit they execute every time things go sideways.
The moment the cancellation hits: Send a written confirmation back to the broker through email or load-board message. "Confirming TONU on load #X. Driver was dispatched at [timestamp] and was [en route / arrived] at [timestamp]. Per rate con line item Y, TONU of $[amount] applies. Please send signed amended rate confirmation." Do this in writing within 30 minutes of the cancel.
The moment the truck hits the two-hour detention mark: Send a written notice to the broker. "Driver arrived at [facility] at [timestamp]. We are now [X minutes] past the two-hour free detention window. Detention clock is running per rate con. We will provide updates every two hours." This single message is the difference between a paid claim and a denied claim 90 percent of the time.
If layover is triggered: Photograph the driver’s logs, capture the bill of lading or shipper signature for the in-time, and send the broker a layover notice before the driver beds down. "Driver is unable to complete pickup today and will layover at [location]. Per rate con, layover of $[amount] is triggered for the 24-hour period starting [timestamp]. Updated dispatch and revised appointment for [date/time]." Get acknowledgment in writing before the night ends.
The Negotiation Script for Broker Pushback
When the broker tries to negotiate down or deny, do not get emotional. Run the script.
Broker: "We can do $100 TONU on this one. Shipper says they are not paying anything."
You: "The rate confirmation we both signed has TONU at $250 before driver arrival and $400 after. Driver arrived at the facility at 11:14 — here is the gate stamp and dispatch log. We are owed $400. Please send the amended rate con."
Broker: "Our policy is two-hour free detention plus $50 per hour after that, no layover."
You: "The rate con on this load specifically lists $300 layover after two hours past appointment. The driver was on-site from 14:00 yesterday until 09:00 this morning, well past the appointment of 15:00 yesterday. Layover applies. We are not waiving it."
Broker: "The shipper will not approve it. We can’t pay something the shipper does not pay us."
You: "Understood, but our contract is with you, not the shipper. The rate con I signed has these line items. We are owed the accessorial. How and when the broker recovers from the shipper is the broker’s process, not the carrier’s risk."
If the broker still refuses, escalate. Move the issue to the broker’s accounting or claims department in writing, copy the original sales rep, and reference the signed rate confirmation as the contract document. If the dollar amount is significant and the broker continues to refuse, file a complaint with the broker’s bond company and through the FMCSA broker complaint portal. Most claims get paid the moment a bond complaint is mentioned.
Track What You Collect So You Know Which Brokers to Avoid
Keep a running log per broker of TONU and layover instances, the rate confirmation amount, what was actually paid, and how long the payment took. Three TONUs in a quarter that all get nickel-and-dimed down is a broker you should be charging more on the linehaul to compensate, or dropping from your book entirely. Carriers cannot afford to subsidize broker accessorial games. Dispatchers who treat accessorial collection as a recurring revenue line, not an exception process, are the ones who keep their carriers profitable through soft weeks.
