D.C. Circuit Vacates Key Provision of FMC's Demurrage and Detention Billing Requirements Rule - Holland & Knight
The D.C. Circuit vacated a key provision of the FMC's demurrage and detention billing requirements rule, which had required ocean carriers to issue invoices within 30 days and provide detailed information. This change reduces billing transparency for truckers and freight brokers, but also removes a compliance burden for carriers.
Aforeworn detected this change in the Trucking / FMCSA Compliance space on July 8, 2026 and published this briefing so affected operators are forewarned rather than caught off guard. It is rated Medium urgency. Owner-operators, small fleets, freight brokers, and large carriers involved in container drayage should confirm how it applies to their specific situation before acting. There is a time constraint attached: No immediate deadline, but monitor for further regulatory developments or carrier policy changes.. Acting after that point can mean penalties, a lapsed licence, or lost eligibility — exactly the kind of surprise Aforeworn exists to prevent. Aforeworn monitors Trucking / FMCSA Compliance continuously and turns every detected change into a plain-English briefing like this one, so you always know first. Forewarned is forearmed.
What changed
The D.C. Circuit vacated the provision requiring ocean carriers to issue demurrage and detention invoices within 30 days and include specific details (e.g., free time, applicable dates).
Who it affects
Owner-operators, small fleets, freight brokers, and large carriers involved in container drayage
What you must do
Review your current demurrage/detention billing practices and adjust contracts or dispute processes accordingly.
Deadline
No immediate deadline, but monitor for further regulatory developments or carrier policy changes.
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