Industry Update: What the FMC Says About the Demurrage Billing Court Decision

What changed—and what did not

In its November 20, 2025 notice, the Federal Maritime Commission explained that the September 23, 2025 court decision set aside 46 C.F.R. 541.4, the section specifying who may receive a demurrage or detention invoice. The FMC said the remainder of the rule remained applicable. This article explains that published clarification; it is not a report of a new September 2026 ruling.

Do not rely on the original recipient summary alone

Older summaries of the 2024 rule describe limits on who can be billed. Those summaries need to be read alongside the later court decision. The FMC’s clarification does not mean every invoice is valid, nor does it establish who owes money on a particular shipment. Contract terms, applicable requirements and the facts of the move still need review.

Keep the invoice timeline separate from the container timeline

The FMC notice identifies invoice information requirements and the 30-day issuance deadline among the provisions that remain applicable. For a specific bill, identify the billing party and applicable timing rule rather than applying one calculation to every carrier and intermediary. Operational free time and invoice issuance are different questions.

• Retain the original invoice and the date it was received
• Keep availability notices, confirmed free-time dates and hold records
• Save pickup and empty-return interchange receipts
• Document appointment attempts and changes to equipment acceptance
• Keep written dispute submissions and responses together

Use records to ask precise questions

Compare the billed container, charge period and movement dates with the gate records. Where something does not match, raise the specific discrepancy through the billing party’s published process promptly. A carrier’s dispatch record can help reconstruct the move, but it does not replace legal review or determine whether a charge is enforceable.

What this means for drayage planning

Keep preventing operational delays and reviewing invoices as two separate workstreams. Confirming releases, receiving windows and return instructions helps organize the move; retaining dated evidence helps explain what actually happened afterward. Neither process guarantees a waiver. Consult the linked FMC notice and current official guidance before relying on a regulatory interpretation. This is general operational information, not legal advice.