Court Strikes Shipping Demurrage Billing Restriction
Published Date: 12/29/2025
Rule
Summary
The court struck down one part of the shipping billing rules that said who can be charged demurrage and detention fees. This change affects shipping companies and motor carriers by removing that confusing billing restriction starting December 29, 2025. Other billing rules still stand, so expect smoother, clearer invoicing but watch for updates on who can get billed.
Analyzed Economic Effects
2 provisions identified: 0 benefits, 1 costs, 1 mixed.
Sec. 541.4 Removed; Billing Bar Ended
If you are a shipping company or motor carrier, note that the Federal Maritime Commission removed 46 CFR 541.4 effective December 29, 2025, after the D.C. Circuit set that provision aside on September 23, 2025. That section had imposed a categorical bar against billing motor carriers in certain cases, so removing it changes which parties may appropriately be billed for demurrage and detention charges.
Other Invoice Rules Remain Enforced
Other provisions of the February 26, 2024 'Demurrage and Detention Billing Requirements' rule remain in effect after December 29, 2025. Common carriers and marine terminal operators must still include specified minimum information on demurrage and detention invoices and follow the rule's timeframes for issuing invoices, disputing charges, and resolving disputes.
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Key Dates
Department and Agencies
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