FMC opens investigation into detention billing at two US East Coast terminals
Complaints cite per-diem charges accruing on days the gate was closed to empty returns.
NEWARK, N.J. — The Federal Maritime Commission has opened a formal investigation into detention and demurrage billing practices at two US East Coast terminals following a cluster of complaints filed since March.
The complaints share a pattern: per-diem charges continuing to accrue on days when the terminal gate was closed to empty returns, leaving the motor carrier no lawful way to stop the clock.
Under the 2024 final rule, a billing party must show that the charge served its incentive purpose. A closed gate is difficult to reconcile with that standard, and two of the complainants have asked for refunds running to six figures.
Neither terminal has filed a response. Both have thirty days from service to do so.
Ellis Duarte
Covers detention and demurrage disputes and East Coast terminals.Ellis covers detention and demurrage disputes, East Coast terminals and the drayage markets around them.