The legal framework for waiting times
Waiting times at loading and unloading are governed by Articles L.3222-7 and following of the French Transport Code. Beyond the contractual free time (typically 1 hour), the carrier may charge detention fees.
Beyond 1 hour of waiting, the carrier may charge detention fees
Detention fee schedule
Detention fees are calculated per hourly bracket. The rates below are indicative and based on common market practice:
| Bracket | Rate | Description |
|---|---|---|
| 0 to 1 hour | Free | Free time included in the transport price |
| 1 to 2 hours | EUR 25 to 40/hour | First billable bracket |
| 2 to 4 hours | EUR 35 to 55/hour | Increased rate beyond 2 hours |
| Beyond 4 hours | EUR 45 to 70/hour | Enhanced rate for extended detention |
Rights and obligations
- Charge detention fees beyond the free waiting period
- Require a confirmation document on arrival and departure
- Refuse a load if the waiting time is excessive
- Apply the penalties specified in the transport contract
- Deduct waiting times from their driving time obligations
- Respect the agreed appointment times
- Organise operations to minimise waiting times
- Provide a time confirmation document
- Pay detention fees within the contractual deadlines
- Make loading/unloading equipment available
Best practices to reduce waiting times
Frequently asked questions
Waiting time becomes billable beyond the free time specified in the contract, typically set at 1 hour. This period starts from the moment the carrier arrives at the agreed time at the loading or unloading location.
The carrier must obtain a confirmation document signed by the shipper stating the arrival time, loading/unloading start and end times, and departure time. The tachograph can serve as additional evidence.
No, if the waiting time is duly recorded and exceeds the contractual free period, the shipper is required to pay the detention fees. In case of dispute, the competent court is the commercial court.
Yes, waiting times at loading and unloading are considered service time and are included in the driver's working time calculation under European social regulations.
Affretium automatically records arrival times via GPS, calculates detention times, and generates the corresponding invoices. The entire chain is automated for complete transparency.
