text:
Key points
Consumer expectations of instant gratification are driving down delivery times
Labour shortages and traffic congestion highlight the criticality of well-located logistics facilities
Rental costs are being pushed up - but rent is a small part of total logistics supply chain costs
New opportunities for rental growth are emerging as logistics real estate grabs a larger slice of the supply chain pie
"Lost time is never found again" - Benjamin Franklin (1706-1790)
Franklin was possibly an early visionary of our willingness to pay a premium for the convenience of home delivery.
Yet the surge in online shopping comes at a time of near full employment in certain markets, increasing urban congestion and expectations of shorter delivery times.
The importance of 'time to market' makes supply chain efficiency a hot topic as businesses focus on their proximity to B2B and B2C customers.
This is dramatically transforming the demand for logistics real estate in highly urbanized locations, creating interesting opportunities for investors in global logistics real estate.
Delivery time expectations within the e-commerce experience have fallen sharply. Delivery periods measured in weekly units were once the norm, but this is no longer acceptable in the era of Amazon's next-day delivery service.
Once customers have experienced next day or even same day delivery, let alone Amazon's 'Prime Now' within the hour delivery, it's almost impossible to go back to anything less. The importance of time is now also impacting the B2B logistics market where commitments to two-day delivery are becoming increasingly common.
This is leading to a greater focus on the role of supply chain management within logistics companies. At a strategic level this means managing the total cost of the logistics supply chain whilst minimizing delivery times.
Despite e-commerce fulfillment requiring approximately three times the floor space of bricks and mortar retailers, rent represents just a small part of the logistics supply chain total costs.
The biggest single expense is transportation; this is a particular pain point for the industry as transportation costs are rising. The US trucking company JB Hunt expects a 10% increase in trucking costs over the next year which will flow through to rising parcel rates; however longer term, these will ultimately fall as automation reduces costs.
Although trucking is a huge employer in the US, with approximately 3.5 million professional truck drivers, according to the American Trucking Association, a driver shortage is the main factor behind this cost pressure. High training fees relative to expected earnings and concerns around career longevity in a world of vehicle automation constrain the numbers entering the trade. The US was short of 50,000 drivers at the end of 2017 according to the American Trucking Association, despite recent pay increases and sign-on bonuses.
Given labour is a significant supply chain cost at around 10% of total costs according to JLL, it is the availability of workers that represents the key challenge. Unemployment is at record lows in a number of major markets; in the US it reached 3.9% in July 2018 according to the Bureau of Labor Statistics – close to its lowest level since April 2000.
The decline in retail employment has been well documented, having fallen by some 140,000 in the US over the last decade. However warehouse jobs have more than offset this decline, rising by some 400,000, according to estimates by the Progressive Policy Institute. The impact is even more acute during the December holiday season when labour is in particularly high demand.
The bulk of the supply chain costs are attributable to logistics expenses; transportation, inventory and labour comprise up to around 80% of the total. In comparison the rental cost may well be less than 5% of supply chain costs, according to JLL. This has major implications for the location and quality requirements of logistics real estate.
Figure 1: Breakdown of the Logistics Supply Chain Costs
Higher transportation costs, the availability/cost of labour and the need for fast delivery to customers are all driving logistics businesses to locate distribution centres close to growing population centres. Land costs usually increase as the proximity to cities rises, however this must be understood within the overall cost drivers of the tenant's logistics business.
The value proposition of logistics real estate in markets characterised by labour shortages, such as the US and Japan, should support the attraction and retention of suitable labour. Logistics clients are demanding more 'human centric' design in the distribution centres that they lease. This includes staff dining areas, fitness centres and even child care facilities – concepts that were previously restricted to CBD office assets.
Incorporating such facilities into distribution centre design obviously pushes costs upwards, however tenants are mindful of how the benefits enjoyed by staff can advantageously impact salary and recruitment costs.
In the long-term it may well be that labour and transport costs begin to decline in importance as warehouse automation increases and electric/automated delivery trucks start to be introduced. However, servicing the end-customer will remain the key driver of success for the providers of logistics real estate.
|A separate but more immediate challenge in this market is that most distribution networks are complex, but have evolved over time based upon short-term growth needs and acquisition activity. This often rather un-strategic development path can lead to significant supply chain inefficiencies.This often provides an opportunity for logistics real estate owners to collaborate with tenant businesses to optimize their distribution strategy. This typically gives rise to savings of 5% – 12% of the total supply chain costs.
We anticipate that e-commerce growth will continue to accelerate globally while traditional retailers focus on improving the efficiency of their supply chains. This combined effect will continue to push up demand further for well-located logistics facilities.
Figure 2: US Logistics Market Completions, Net Absorptions and Vacancy Rate
This is currently reflected in vacancy rates, which in the US especially are now at all-time lows, and rental growth projections for well-located logistics facilities. Institutional investors are increasing their exposure to logistics real estate as they seek to capture value from its exciting growth path.
It is expected that online shoppers' rising service expectations, traffic congestion, freight costs and labour shortages are trends that will endure. Therefore investors should seek to identify those companies that are focusing on highly efficient logistics assets closer to growing populations.
Important notes
While every care has been taken in the preparation of this article, AMP Capital Investors Limited (ABN 59 001 777 591, AFSL 232497) and AMP Capital Funds Management Limited (ABN 15 159 557 721, AFSL 426455) (AMP Capital) makes no representations or warranties as to the accuracy or completeness of any statement in it including, without limitation, any forecasts. Past performance is not a reliable indicator of future performance. This article has been prepared for the purpose of providing general information, without taking account of any particular investor's objectives, financial situation or needs. An investor should, before making any investment decisions, consider the appropriateness of the information in this article, and seek professional advice, having regard to the investor's objectives, financial situation and needs. This article is solely for the use of the party to whom it is provided and must not be provided to any other person or entity without the express written consent of AMP Capital.
This article is not intended for distribution or use in any jurisdiction where it would be contrary to applicable laws, regulations or directives and does not constitute a recommendation, offer, solicitation or invitation to invest.


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Coloriasto on väriaiheisten tekstien (ja kuvien) verkkoarkisto
(Archive for colour themed articles and images) INDEX: coloriasto.net
Dictionarium polygraphicum. Brass.
Dictionarium Polygraphicum:
Or, The Whole Body of Arts Regularly Digested.
Vol I.
London: Printed for C. Hitch and C. Davis in Pater-noster Row, and S. Austen in St. Paul's Church Yard. MDCCXXXV.
Brass, or as the French call it, yellow copper, is a factitious metal made of copper and lapis calaminaris.
The method of preparing it is as follows. The lapis having been calcin'd, and ground fine as flour, is mix'd with ground charcoal; and incorporated, by means of water, into a mass: this being done, about seven pounds of the lapis calaminaris is put into a melting-pot that will contain about a gallon; and over that about five pounds of copper; this pot is let down into a wind-furnace eight foot deep, where it remains for eleven hours, in which time it is converted into brass.
This metal then is cast either into plates or lumps; forty five pounds of crude lapis calaminaris or calamine, will produce thirty pounds when calcin'd or burnt.
Sometimes brass-shruff is us'd instead of copper; but that is not always to be procur'd in quantities sufficient, it being no other than a collection of old brass.
Pure brass is not malleable, unless when it is hot; for when it is cold, it will break. And after it has been melted twice, it will be no longer in a condition to bear the hammer at all; but in order to render it capable of being wrought, they put seven pounds of lead to a hundred pounds of brass, which renders it more soft and pliable.
The best proportion for gun-metal for casting great guns is said to be a thousand pounds of copper, nine hundred pounds of tin, and six hundred pounds of brass in eleven or twelve thou sand weight of metal.
The best brass guns are made of malleable metal, not of pure copper and calamine alone; but coarser metals are us'd to make it run closer and sounder, as lead and pot-metal, which last is made of brass and lead; twenty pound of lead is usually put into a hundred pounds of pot metal.
Corinthian brass has been famous in antiquity, and is a mixture of gold, silver, and copper. L. Mummius having sack'd and burnt the city of Corinth, 146 years before our saviour's time, there being there a vast number of statues, images, vessels, &c. of gold, silver, and copper, all these melted and run together by means of the violence of the conflagration; and this mixture was the composition call'd Corinthian brass. Those who peak of it accurately, distinguish it into three kinds; in the first, gold is the prevailing metal; in the second, silver; in the third, gold, silver, and copper are equally blended.
To make BRASS.
Melt fix pounds of copper with two pounds of lapis calaminaris in powder for the space of an hour, and then put it out.
To cleanse BRASS.
Take aqua fortis and water, of each a like quantity; shake them together, and with a woollen rag dipt therein, rub it over; then presently rub it with an oily cloth: lastly, with a dry woollen cloth, dipt in lapis calaminaris, and it will be as clear and bright as when new.
To purge BRASS.
It is cleansed or purged by casting into it while it is melted, broken glass, tartar, sal armoniack and salt petre, each of them by turns, a little and a little.
To calcine BRASS, call'd Orpello or Tremolante, making a curious sea-green or sky-colour.
Take thin Brass, cut into small pieces, put it into a crucible covered and luted at top; set it in a fierce fire, where let it stand four days in a great (but not melting) fire, for if it melt, your labour is lost. In four days time it will be very well calcin'd; then powder'd as fine as you possibly can, searse it, and the powder will be black; spread this on tiles, and keep a leer on burning coals for four days, near to the round hole; take away the ashes that fall upon it, powder and searse it again, and then keep it close stopt for use.
To know if it be well calcin'd, put it into glass, and if it swells, 'tis right; if not, it is not well calcin'd, or else it is over burnt, and if so, it will not give a good colour.
To calcine BRASS another way, to make a transparent RED.
Cut your thin pieces of brass small, and put it into a melting pot, with layers of powder of brimstone, and metal as in copper. Set it first on kindled coals, then put it into a strong fire in the furnace to calcine for twenty four hours; then beat it to a fine powder, and searse it; put it covered into the furnace on earthen tiles for twelve days, to reverberate; so powder, grind, and keep it for use.
Besides a red, it contributes principally to the making a yellow and chalcedony.
A RED colour from BRASS.
Put small pieces of it into the arches of the furnace, and let them remain there close till they are well calcin'd; but in such a fire, that they may not melt; and when they are well calcin'd, powder the brass, and the powder will be red, and excellent in many uses for colouring glass.
Brass thrice calcin'd is likewise very excellent.
To calcine BRASS thrice.
Put this into the leer, or into the furnello of the furnace, near the occhio, into pans baked or earthen tiles; calcine it for four days, and you will have a black powder sticking together; pound it fine, and searse it; then calcine it again as before, but a day longer, and then it will not stick together, and will be of a russet colour; and do so the third time, but take care that it be not calcin'd either too much or too little, for then it will not give a good colour.
To know if it be well calcin'd, put it to purified metal, and it will make it boil and swell; and if it does not, it is either too much or too little.
This makes a curious sea-green, and an emerald-green, a turquois or sky colour, and other varieties.
BRASS to tinge of a gold colour.
Dissolve burnt brass in aqua fortis (made of vitriol, salt-petre, alum, verdigrease and vermilion) and then reduce it again, and it will be much of a gold colour.
To make BRASS thorough white.
Heat brass red hot, and quench it in water distill'd from sal armoniack and egg shells ground together, and it will be very white.
Another way.
Calcine egg-shells in a crucible, and temper them with the whites of eggs; let it stand so three weeks; heat the brass red hot, and put this upon it.
The way to colour BRASS white.
Dissolve two penny weight of silver in aqua fortis, setting it to the fire in a vessel till the silver turn to water; to which add as much powder of white tartar as may drink up all the water, make it into balls, with which rub any brass, and it will be as white as silver.
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text:
- Getting around Lijiang. Dont stay in the Old Towns more than 2 days, there is nothing to do. KRISS Oct 9, 2013 05:46
- 2013 Beijing Temple Fair BENNYLAU Feb 26, 2013 03:29
- Malaysian traveling from KUL - LAX vis Shanghai PVG ZATI_DY Jan 3, 2013 20:15
Harbin Travel Reviews
"If it is not the end of the world, I will salute the absent dawn in a hopeful manner.
If tomorrow still comes, I will come to seek the Ice and Snow Fairy-Tale World.
It is the end, it is the beginning."
My itinerary:
December 23, 2012 Songhua River – Central Avenue ... Details
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My wife and kid told me that they didn't want to spend the 2012 Chinese Spring Festival at home. Thus, we decided to travel in Harbin during the Spring Festival.
Day 1 we flew from Chongqing to Harbin and then went to the Snow Town. We spent one night at Dong Bei Ren Jia.
Day ... Details
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We have had a fantastic trip to Harbin at this time of year. We arrived on 26th December and stayed in the Holiday Inn City Centre, which is perfectly placed for everything you want to do. It is at the top of the main street and the staff were very helpful. The concierge arranged a free shuttle bus ... Details
- Views: 3394
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My wife and I recently toured the Ice Palace and snow sculptures at Harbin. These are my impressions: Generally worth the expense and some discomfort. Transportation inside the snow sculpture area was good, used open tour cars, cost minimal. We took the cars going in to the park, walked back out ... Details
- Views: 3788
- Compliments: 1
- Responses: 1
I have just attended the ice festival in Haerbin. My advice would be to go in the evening, unless you want to photograph the ice exhibits in natural daylight. For example, if you go into the ice sculture and competition pavilion in Zhaolin Park before 4.30pm as we did. there is no internal lighting ... Details
- Views: 3263
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Harbin Ice and Snow Festival is very famous and more and more tourists go for it, especially those from southern places. Then, where can a tourist experience the all facets of the festival. I recommend four sites this time. 1. Harbin Zhaolin Park. Many visitors come to Harbin for the ice sculptures. ... Details
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My family visited the Ice and Snow Festival main displays on February 15th, 2010. At the gate, one of the ticket takers yelled at my wife and then took a stick to measure the height of my 6 year old son. The guy said my son was "too tall" for the reduced ticket price (already paid at the ... Details
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I teach in a university in Nanjing. During this winter vacation, a friend who lives in Harbin invited me to go there to watch snow scene. As a southerner, I was curious about snow. So I booked the air ticket and made good reparation to the trip of this cold city. Preparations My friend told ... Details
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A mere 5 civilised train hours from Jilin City is the most famous cold city in China: Harbin. Travellers tales abound about how cold this place really gets and I was more than a little apprehensive, even after braving the permanence of the sub-zero temperatures of its fellow northeast Provinces of Liaoning ... Details
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I got an email from a Canadian guy who's coming to teach English in Harbin asking about Harbin life. Following is what I wrote in reply, I hope you guys find it helpful.
I've lived in Harbin almost all my life except for 1 year and half in Beijing. I like Harbin a lot, and when I was in Beijing ... Details
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Chapter 20 Lien Stripping
In the recent case of In re Gerardin, 2011 WL 1118495 (Bankr. S.D. Fla. 2011), Bankruptcy Judge, Robert A. Mark ruled that debtors, who previously obtained a discharge of their debts in chapter 7, may not use chapter 13 plans to "strip off" junior mortgage liens that are wholly unsecured. The Geradin opinion arose out of the consolidation of seven bankruptcy cases where the debtors filed chapter 13 bankruptcies soon after receiving their discharge in their prior chapter 7 cases. The seven cases were pending before three bankruptcy judges who conducted a joint hearing on the various motions relative to this issue.
In its analysis, the bankruptcy court pointed out that the Bankruptcy Code recognizes that an obligation secured by collateral may be bifurcated into a secured claim for the debt equal to the value of the collateral and an unsecured claim for any debt over that value. 11 U.S.C. §506(a)(1). Id. at 2. Thus, in bankruptcy cases, a debtor or trustee may seek to value a creditor's collateral for the purpose of reducing that creditor's secured claim to the value of its collateral, while the remaining allowed claim is treated as an unsecured claim. Id. When the secured claim is partially reduced this is known as a "strip down." Id. When the lien is completely removed because the claim is not secured at all (usually a second or third mortgage on real estate), this is known as a "strip off." Id. A chapter 7 debtor may not use section 506 to strip down or strip off a lien. Id. citing Dewsnup v. Timm, 502 U.S. 410 (1992); Talbert v. City Mortgage Servs., 344 F.3d 555, 562 (6th Cir. 2003); Ryan v. Homecomings Fin. Network, 253 F.3d 778, 783 (4th Cir. 2001). A chapter 13 debtor may not strip down a lien secured solely by debtor's principal residence. Id. at 3. However, in the Eleventh Circuit, a chapter 13 debtor may strip off a lien, even if it is secured solely by a debtor's principal residence, if the creditor's claim is completely unsecured because the property is worth less than the senior liens. Id. citing Tanner v. FirstPlus Financial, Inc., 217 F.3d 1357 (11th Cir.2000). Notwithstanding the above, the bankruptcy court ruled that lien stripping may not be accomplished under 11 U.S.C. § 1325 when a debtor is ineligible to receive a discharge. Id.
In each of the seven consolidated cases, the bankruptcy court found that the creditors had an allowed secured claim against the debtors' bankruptcy estates in the form of a mortgage lien encumbering the debtors' properties. Id. In so ruling, the bankruptcy court relied upon the Supreme Court case of Johnson v. Home State Bank, which held that a creditor with an obligation secured by a lien on a debtor's property, but which creditor has no in personam claim against a debtor due to a prior bankruptcy discharge, nonetheless has a claim against a debtor in a subsequent chapter 13 case. 501 U.S. 78 (1991). Id. As a result of the ruling that the creditors have allowed secured claims, the bankruptcy court held that the liens cannot be modified under 11 U.S.C. §506(d)[1]. Id. at 4.
The bankruptcy court further found that for debtors to strip off a lien in a chapter 13 case, their proposed treatment of the secured claim in their chapter 13 plan must comply with 11 U.S.C. § 1325(a)(5)[2]. Id. citing Am. Gen. Fin., Inc. v. Paschen, 296 F.3d 1203, 1205–06 (11th Cir. 2002). In the consolidated seven cases, the Chapter 13 Trustee, and the mortgage holders opposing the debtors' position, argued that the debtors cannot satisfy the § 1325(a)(5) requirements because they are not paying the underlying debt in full and they are not eligible to receive a discharge under section 1328[3]. Id. at 6. The bankruptcy court agreed and held that a debtor's inability to receive a discharge in a "Chapter 20" case prevents a debtor from stripping wholly unsecured liens in a chapter 13 plan as the actual strip off or lien avoidance only occurs at discharge. See, e.g., In re Fenn, 428 B.R. 494 (Bankr. N.D.Ill.2010); In re Mendoza, 2010 WL 736834 (Bankr. D.Colo. Jan. 21, 2010).
In sum, the bankruptcy court concluded that a debtor who is not eligible for a chapter 13 discharge because the debtor's unsecured debts were discharged in a prior chapter 7, may not strip down or strip off a lien. This ruling effectively takes away a debtor's option to file a "chapter 20" bankruptcy.
[1] 11 U.S.C. § 506(d) states that, with some exceptions, "to the extent that a lien secures a claim against the debtor that is not an allowed secured claim, such lien is void."
[2] Section 1325(a)(5) sets forth the following alternative required treatments of a secured claim in a chapter 13 plan—
(5) with respect to each allowed secured claim provided for by the plan—
(A) the holder of such claim has accepted the plan;
(B)(i) the plan provides that—
(I) the holder of such claim retain the lien secured by such claim until the earlier of—
(aa) the payment of the underlying debt determined under nonbankruptcy law; or
(bb) discharge under section 1328; and
(II) if the case under this chapter is dismissed or converted without completion of the plan, such lien shall also be retained by such holder to the extent recognized by applicable nonbankruptcy law;
(ii) the value, as of the effective date of the plan, of property to be distributed under the plan on account of such claim is not less than the allowed amount of such claim; and
(iii) if—
(I) property to be distributed pursuant to this subsection is in the form of periodic payments, such payments shall be in equal monthly amounts; and
(II) the holder of the claim is secured by personal property, the amount of such payments shall not be less than an amount sufficient to provide to the holder of such claim adequate protection during the period of the plan; or
(C) the debtor surrenders the property securing such claim to such holder;
[3] 11 U.S.C. §1328(f) precludes discharge under chapter 13 if the debtor received a discharge in a chapter 7 case filed during the 4 year period preceding the filing of the chapter 13 case.


text:
Social media
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Contact our Student HQ team via Messenger if you have any queries or concerns.
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text: A variety of financial tools exist to help you achieve your goals. One of the most popular and flexible options is the personal loan. Personal loans can be a great way to fund a new venture, consolidate credit card debt, or help pay off other high-interest bills. If you've considered your options and feel like a personal loan is the right choice for you, the next step is to ensure you have the highest chance of approval.


text:
House of Lords
|Session 1998-99
Publications on the Internet
|Judgments - Vehicle Inspectorate v. Nuttall
Lord Steyn Lord Hobhouse of Wood-borough
My Lords,
I have had the advantage of reading a draft of the speech prepared by my noble and learned friend Lord Steyn. For the reasons he gives, I would allow the appeal and remit the case to the justices for retrial.
My Lords,
I have had the advantage of reading in draft the speeches of my noble and learned friends Lord Steyn and Lord Nicholls of Birkenhead. For the reasons they have given, I too would allow the appeal from the Divisional Court only to the extent of ordering that the matter should be returned to the justices for retrial.
My Lords,
I have had the advantage of reading in draft the speech of my noble and learned friend Lord Hobhouse. For the reasons he gives, with which I agree, I would allow this appeal, set aside the direction to convict, and remit the case to the justices for a re-trial. I add only some brief observations on one aspect of this case, concerning the mental element of the relevant offence. This aspect of the case was not explored, and did not call for exposition, in earlier authorities usually cited in this field such as Roper v. Taylor's Central Garages (Exeter) Ltd. [1951] 2 T.L.R. 284, James & Son Ltd. v. Smee [1955] 1 Q.B. 78, and Grays Haulage Co. Ltd. v. Arnold [1966] 1 W.L.R. 534.
A driver of a vehicle who contravenes Community law restrictions on driving hours or driving distances commits an offence under section 96(11A) of the Transport Act 1968. So does the driver's employer if he "caused or permitted" the contravention. "Permitted" is a word commonly found in statutes creating criminal offences. Its meaning depends upon the context. Its meaning, for instance, may be confined to "allowed" or "authorised." Or it may be wider and embrace "failed to take reasonable steps to prevent." In the present case, in agreement with all your Lordships, I consider that "permitted" in section 96 (11A) bears the latter, wider meaning.
The former meaning ("allowed, or authorised") will usually import knowledge, in the sense of knowledge of what was being allowed or authorised. In the normal way, a person cannot be said to allow a particular activity, still less authorise it, unless he is aware of the activity being carried on or expected to be carried on. The latter meaning, however, directs attention in a different direction. Under the latter meaning the offence consists of an omission ("failed to take reasonable steps to prevent"). Thus, in section 96(11A) failure to take reasonable steps to prevent a contravention by the driver is prescribing a standard of conduct an employer is required to attain. The effect is to impose on the employer a duty. The prescribed standard is the objective standard of a responsible employer.
The acts needed to comply with this standard will depend on the circumstances. The employer must act as would a responsible employer in his position. Unless the allotted journeys are so short as to make this unnecessary, one of the steps a responsible employer will normally take is to check the tachograph records periodically. That is the purpose for which they exist. That is why they must be installed in coaches and certain other vehicles. A responsible employer checks them. A responsible employer is mindful of his obligation to ensure that the rules on drivers' hours are observed.
If the employer fails to act as would a responsible employer in his position, he commits an offence, provided his failure was causally linked to the driver's contravention and provided further, and this is the mental element in the offence, his failure so to act was deliberate (in the sense that his omissions were deliberate, and not due to honest mistake or accident).
Beyond this, I can see no significant scope in practice for a further fault element, by way of mens rea, in this offence. In particular, once it is accepted that "permitted" includes failure to take reasonable steps to prevent, there is no place for subjective foresight of the prospect, or risk, of a contravention being committed. The objective standard of a responsible employer applies to all employers, not just those who subjectively foresee a risk (of uncertain degree) of a contravention by a driver. If subjective foresight were an additional ingredient in the offence, it would mean that one employer running this type of business would commit an offence when he deliberately failed to take the relevant steps, being the steps a responsible employer in his position would take, another employer behaving in a similar fashion would not. This would be a surprising conclusion.
My Lords,
This is a case about an owner of a coach business who decided not to examine charts produced by tachographs installed in his vehicles thereby disabling himself from discovering a series of drivers' hours offences committed by his drivers. In layman's terms a tachograph is recording equipment which has the ability to record the time, speed, distance travelled, and work a driver is engaged on. It is a valuable aid in the promotion of road safety.
In 1995 the Vehicle Inspectorate, acting on behalf of the Secretary of State for Transport, brought seventeen charges against the defendant under section 96(11A) of the Transport Act 1968, read with the applicable Community rules, of permitting drivers of his coaches to contravene the requirements of the relevant rules. The prosecution abandoned the charge contained in the first information. On the remaining informations justices sitting at Leyland heard evidence and argument. In respect of those charges tachograph charts established contraventions by the drivers. The dispute before the justices centred on the question whether the prosecution had established against the operator and employer the mental element of the offences. The justices were not satisfied that the mental element was established and acquitted the defendant on all charges.
The Vehicle Inspectorate asked the justices to state a case for the opinion of the High Court. The justices did so. The principal question posed by the justices was:
On appeal the Divisional Court concluded that the justices had answered this question wrongly and ordered that the case be returned to the justices with a direction to convict the defendant on the remaining sixteen charges. The judgment of Popplewell J. (with which McCowan L.J. agreed) is reported under the heading Wing v. Nuttall in The Times Law Reports of 30 April 1997 [1997] T.L.R. 225-226. The Divisional Court certified the following question as involving a point of public importance:
This is the basis on which the appeal comes before the House.
The Community rules
Council Regulation (EEC) No. 3820/85 of 20 December 1985 lays down, inter alia, requirements in respect of driving periods, breaks and rest periods. The sixteen charges are variously based on the following provisions of the Regulation 3820/85:
Article 15 of Regulation 3820/85 is also material. It provides:
As an operator of vehicles the defendant also had to comply with the requirements of Council Regulation (EEC) No. 3821/85 of 20 December 1985. Regulation 3821/85 made provision for the installation, maintenance and use of recording equipment or tachographs in vehicles. Regulation 3821/85 places the responsibility on employers for seeing that the equipment functions correctly and is used. The employers must issue record sheets to drivers and keep the returned records for at least a year.
The charges
The defendant was the owner and operator of a business trading under the name Redline Coaches with approximately fifteen vehicles and a team of drivers. The sixteen charges cover incidents taking place over a period of two months, namely the period 31 May to 30 July 1995. Seven different drivers were involved. The charges were all brought under section 96(11A) of the Act of 1968. It reads as follows:
The charges are respectively linked with Articles 6.1, 7.1, 8.1 and 8.2 of Regulation 3820/85. The differences between the Articles relied on do not affect the issues raised by the appeal. For illustrative purposes it will be sufficient to quote the second information which recites that the defendant on:
The prosecution did not rely on any particular circumstances to establish the mental element under the various charges. Instead they relied on the general circumstances of the case coupled with the defendant's acknowledged failure to examine the tachograph charts over a period of two months as establishing a prima facie case that the defendant was shutting his eyes to the risk of contraventions by his drivers. The defendant's case, on the other hand, was that recklessness could not be inferred from his mere failure to examine the charts.
The findings of the justices
The justices found that all the vehicles were fitted with tachograph equipment; that the drivers kept records of their journeys by way of tachograph charts; that they returned the charts to the defendant; that the charts revealed that in all the cases under consideration the drivers had contravened the provisions of the Regulation regarding the working hours; and that if the defendant had examined the charts the defendant would have realised that the drivers had contravened the requirements of the provisions of the Regulation. But the justices accepted that the operator's explanation that he had not in fact examined the tachograph charts. The justices then explained their reasons for dismissing the charges in the following paragraphs of the case stated:
That was the context in which the justices posed the question for the opinion of the High Court set out at the beginning of this judgment.
The Divisional Court judgment
In the Divisional Court counsel for the prosecution argued that the justices misdirected themselves in that, in the light of all the circumstances before them, this was a case where the operator had shut his eyes to the obvious possibility of contraventions. In his judgment Popplewell J. pointed out that the attention of the justices had not been drawn to the obligation of the employer under Article 15 of Regulation 3820/85 to perform periodic checks on tachograph charts. He concluded:
The principal submission on behalf of the defendant before the House has been that the Divisional Court has impermissibly blurred the distinction between recklessness and negligence.
The ingredients of the offences
It is now necessary to examine the ingredients of the offences. No distinction need be made in regard to the various applicable Community rules. It is sufficient to consider the matter generally in regard to what constitutes the prohibited conduct actus reus and what is required to be proved in respect of the mental element mens rea. I deal first with the prohibited conduct. Section 96(11A) prohibits the employer of a driver from "causing" or "permitting" a driver to contravene the requirements of the applicable Community rules. Depending on the context the word "permit" is capable of bearing, on the one hand, a narrow meaning of assenting to or agreeing to or, on the other hand, a wider meaning of not taking reasonable steps to prevent something in one's power. But I am persuaded that the second or wider meaning best matches the context. �K��KThe manifest purpose of the Community rules is to place a responsibility on an employer of drivers to use tachograph records in order to prevent contraventions and to promote road safety. The objective of the rules militates in favour of accepting the second or wider interpretation. The Community rules would be difficult to enforce against employers if "permitting" is interpreted to mean assenting to or agreeing to. In that event section 96(11A) would be relatively ineffective in respect of the criminal responsibility of employers. In my view counsel for the Vehicle Inspectorate correctly submitted that the contextual meaning of "permitting" in section 96(11A) is failing to take reasonable steps to prevent contraventions by drivers.
The mental element of the offence must now be considered. It is not an offence of strict or absolute liability. Nothing less than wilfulness or recklessness will be sufficient. In practice recklessness will be the relevant mens rea. There was some controversy about where the line between recklessness and negligence in respect of an offence under Section 96(11A) should be drawn. Counsel for the defendant cited the judgment of Devlin J. (later Lord Devlin) in Roper v. Taylor's Central Garages (Exeter) Ltd. [1951] 2 T.L.R. 284 for a clear statement in an analogous context of the distinction between recklessness and negligence. The context was the meaning of the word "permit" in a provision in the Road Traffic Act 1930. Devlin J. observed [at 288]:
These distinctions were also made in later decisions: see James & Son Ltd. v. Smee; Green v. Burnett [1955] 1 Q.B. 78; Gray's Haulage Co. Ltd. v. Arnold [1966] 1 W.L.R. 536, and Robinson v. Director of Public Prosecutions [1991] R.T.R. 315. I am satisfied that if the defendant's state of mind is one of not caring whether a contravention of the provisions of the regulation took place that would generally be sufficient to establish recklessness and that that is the necessary mental element in a charge under section 96(11A) of the Act of 1968. If recklessness in at least this sense is not established no offence is committed. Counsel for the defendant invited your Lordships to put a gloss on this statement of the law. He submitted that the prosecution must prove at least that the defendant had knowledge that the contravention was likely to occur and that with such knowledge the defendant permitted the contravention. For my part I would not accept this qualification in the present context. Smith & Hogan, Criminal Law, 8th ed. (1996), p. 64, identify the problem:
Following this reasoning one must take into account that the objective of Section 96(11A) and the applicable Community rules is to protect road users. By ignoring tachograph records an employer takes the risk that this conduct may imperil the safety of the public. If, in the knowledge that there was a possibility that contraventions may be committed, the defendant fails to take reasonable steps to prevent such contraventions the required mental element would generally be satisfied.
The effect of an employer's failure to check tachograph charts
My Lords, it is with some hesitation that I make observations on the position facing justices in a case where an operator decides not to examine tachograph records at all over a period of time. Caution is necessary because the circumstances which may come before the justices may vary greatly. But a few limited propositions can be stated. The reason for the imposition of the tachograph regulations, which have been in operation since 1985, is the notorious fact that in order to fulfil the tasks assigned to them, and for various other reasons, drivers are under considerable pressures and drivers will from time to time feel compelled to exceed reasonable periods of driving. In so acting drivers pose a danger to other road users. The existence of the regulations, and the detailed requirements, designed to promote road safety, must be widely known in the industry. In the absence of contrary evidence, justices are entitled to assume that a licensed operator will be aware that for road safety purposes he is obliged to perform periodic checks on tachograph records. It is true that this obligation under Article 15 of Regulation 3820/85 is not backed by a criminal penalty but it is nevertheless an enforceable obligation. Moreover, the justices are entitled to take judicial notice of two further circumstances:
(a) The application for an operator's licence, which is in standard form, provides that the operator shall make arrangements to ensure that the rules on driver's hours are observed; (b) From time to time drivers, acting deliberately or inadvertently, breach the permitted hours of driving regulations. The installation and operation of the tachograph system is designed to combat the real risk of contraventions by drivers and the endangering of other road users.
In these circumstances, if apart from proof of a series of contraventions by drivers the only evidence is an explanation by the employer that he did not examine the records over the relevant period of time, the case is capable of amounting to a prima facie case of the employer failing to take reasonable steps to prevent contraventions in the state of mind of not caring whether contraventions take place or not. But a prima facie case is capable of being rebutted. That could arise, for example, if an employer gives evidence that he took some other precautions to prevent contraventions. And finally it is necessary to emphasise that if justices are not satisfied on the whole of the evidence that the employer has committed the actus reus with at least a reckless state of mind the defendant must be acquitted.
The correctness of the justices' decision
It is now necessary to turn back to the reasons of the justices. To the extent that they directed themselves that knowledge may be implied "if the defendant is reckless or shut his eyes to what was occurring," the justices may have overstated what needs to be proved in respect of the mental element. They may have intended to convey that the mental element is not satisfied if the operator is merely aware that there was a realistic possibility that drivers were committing contraventions of the driving hours provisions of the Community rules. But I am disinclined to rest anything on such a nicety of language. On balance I am content to assume that the justices did not misdirect themselves on this point.
But I am quite satisfied that the justices erred in concluding that the defendant had no reason to examine the tachograph charts. The defendant was obliged to perform periodic checks of the charts. Subject to a contrary explanation, one is entitled to infer that he was aware of this obligation. His disregard of this obligation shifts the evidential burden to him to explain why he did not comply with the obligation. Contrary to the view of the justices, the defendant's failure to examine the tachograph charts was capable of creating a prima facie case of recklessness in the required sense. In this respect the justices misdirected themselves. It follows that the Divisional Court correctly held that the decision of the justices is fundamentally flawed and must be quashed.
The direction to convict
But the Divisional Court went further and directed the justices to convict. In my judgment that was going too far. It is for the justices to consider the facts and it was for them to decide whether the evidence of the defendant that he relied on the scheduling of vehicles, which the justices record but do not mention in their findings, could rebut a prima facie case of recklessness. It follows that the direction to convict must be set aside. The appropriate order is to return the case to the justices for a retrial.
The conduct element (actus reus)
Counsel for the defendant persuasively argued that the conduct element of the offence was, in any event, not established for the first alleged offence which took place on 31 May 1995 or even some of the other earlier offences. This aspect of the case was not considered by the justices or by the Divisional Court, and is not raised by the certified question. On a retrial the evidence may be presented differently. Apart from the cumulative effect of the drivers contraventions, which must be relevant, there may or may not be admissible evidence of antecedent contraventions. In these circumstances I do not propose to express a concluded view on this argument. On a retrial it will no doubt be necessary to consider it.
The disposal of the appeal
Given my observations on the general issues, it is in my view unnecessary to answer the certified question. The appeal from the Divisional Court's judgment should be allowed only to the extent of ordering that the matter should be returned to the justices for retrial. There should be no order as to costs in the Divisional Court or on the appeal to the House.
My Lords,
I gratefully adopt the explanation given by my noble and learned friend Lord Steyn of the manner in which this case has come before your Lordships' House and will not repeat it. The question raised by this appeal concerns what constitutes the commission by an employer of an offence contrary to section 96(11A) of the Transport Act 1968 as amended by the European Communities Act 1972. The relevant words read:
This provision refers to the relevant Council Regulations and must be read together with them. It was under this section that Mr. Nuttall was charged with 16 offences identified by various dates between 31 May and 30 July 1995 when various of his employees had driven his buses for periods exceeding those permitted by the Regulations. There was no dispute that his employees, the relevant drivers, had on 15 out of the 16 occasions committed the offence and that this was apparent from an examination of their tachograph records.
The only person being tried before the Magistrates was Mr. Nuttall. The issue for them was whether the prosecuting authority, the respondents to this appeal, had proved that he had committed the offences charged against him. The charges alleged that he had permitted a person employed by him or subject to his orders to exceed the required limits. The Magistrates therefore had to consider what are the constituents of this crime of permitting: what are the physical and mental elements, the actus reus and mens rea, of the offence.
The criminal liability of the employer under this section is dependant on his employee having contravened the relevant requirement as alleged. If the employee did not infringe the Regulations, then there can be no question of the employer being liable under this section of causing or permitting the alleged infringement. But the offence of causing or permitting is a separate offence only capable of being committed by the employer in distinction from the driver. It is not a vicarious or secondary liability. It is not an "accessory" liability as that term is properly understood. It depends upon the conduct of the employer and his state of mind. However, because the offence is permitting some other event to occur, it is necessary that there be some causal relationship between the conduct of the employer and the employee's infringement. I will have to come back to this aspect later.
The word "permit", like very many other words, is capable of a range of meanings--from "authorise" to "fail to prevent." In any given situation it has to take its meaning from its context. In the context of this legislation and the Regulations, it means, in my judgment, fail to take reasonable steps to prevent. It is used in the section in addition to the word "cause" and has a wider meaning. The person covered by the criminal obligation is a person who is in a position to control the driver; the driver is his employee or subject to his orders. Under the Regulations the employer is under a duty to make periodic checks to ensure that the Regulations are being complied with and, if breaches are found, to take appropriate steps to prevent their repetition. (Article 15.2 of 3820/85.) In agreement with Lord Steyn I consider that the actus reus of the offence of permitting in this section is the failure of the employer to take reasonable steps to prevent the infringement of the Regulations by the driver.
This offence of permitting is a crime of omission which arises from the duty to act and involves the failure to perform that duty. What actual conduct will amount to the offence of permitting will be a question of fact depending on the circumstances of the particular case. For example, an employer whose employees are always, to his knowledge, back in the yard within the required time need not carry out the same checks as one whose employees are sent out on longer journeys which will necessitate the taking of breaks if the Regulations are not to be infringed. Such an employer must certainly carry out some checks. The Regulations require the making of periodic checks and it is implicit that these include checking the tachograph records. The test of reasonableness must be applied objectively having regard to the relevant circumstances which will vary from case to case. But it is not a question of the employer doing what he thinks is reasonable. He must do whatever is involved in taking the reasonable steps to prevent breaches. It is an objective not a subjective criterion. If he does not perform his duty, he has committed the actus reus of the offence.
Offences of this character are to be found in other parts of the criminal law, including driving offences and arson. Thus, offences involving recklessness have an actus reus which involves an objectively assessed element of risk and it is in relation to that actus reus that the subjective element of mens rea then falls to be considered. (R. v. Reid [1992] 1 W.L.R. 793; R. v. Prentice [1994] Q.B. 302.)
As already mentioned, the conduct constituting the actus reus must also have a causal relationship to the conduct of the employee which constituted the employee's breach of the Regulations. Where the employer is charged with having caused the employee's breach, the need for the prosecutor to prove such a causal relationship is obvious. Similarly, where the employer is merely charged with permitting, the conduct of the employer must still have been conduct which permitted the employee to commit that breach, i.e. failed to prevent him from exceeding the limits on that particular occasion. The employer's conduct must therefore be conduct which preceded the employee's breach and it must be shown that the performance by the employer of his duty could have prevented that breach. The actus reus of the offence of permitting under section 96(11A) is failing to take reasonable steps to prevent the breach in question. This may be proved in any of a number of different ways depending upon the circumstances of the case. For example, in some cases it may be proved by showing a systematic failure of the employer to perform his duty which, it can then be inferred, contributed to the specific breach of the employee; in others, it may be proved by showing that earlier breaches by the particular employee (or his fellow employees) had not led to any intervention by the employer, either because they had not been picked up or, having been picked up, had been ignored or inadequately responded to by the employer.
This leaves the question what is the mens rea that must be shown in the offence of permitting. On the authorities as cited by Lord Steyn, a reckless state of mind suffices. The case stated, in that it seems to concentrate upon knowledge, fails to address the relevant point. In my judgment, a proper analysis of what is involved in the actus reus of the alleged offence of the employer under the section shows that no significant difficulty arises in the present case on the state of mind of Mr. Nuttall. Contrary to the argument of the parties, the problem in the present case is not one of the mens rea. The conduct of the employer in cases of this type is for better or worse deliberate. He knows that he is not checking the tachograph records. He has a duty to perform. He has a choice: he either takes the requisite steps or he does not. Either his conduct objectively assessed is a reasonable performance of his duty or it is not. It is conduct for which he is criminally responsible if it is of the proscribed character and permits one of his drivers to breach the Regulations.
The commission of the offence does not in practice depend upon any particular subjective state of mind or any particular knowledge of the employer. It is part of his duty to see that he is informed of the relevant facts. The well known dictum of Devlin J. in Roper v. Taylor's Central Garages (Exeter) Ltd. [1951] 2 T.L.R. 284 at 288-289, categorising various degrees of knowledge does not help. The relevant question in this type of case will normally be not what he did or did not know but what the performance of his duty required him to know. Absent any special factor such as accident or innocent mistake of fact (neither of which are suggested in the present case), he will not be able to escape criminal responsibility for his acts and omissions, nor will he be able to rebut the case made against him.
An illustration of a situation where, under earlier legislation, it was held that the operator was under an obligation to inform himself is provided by the judgment in James v. Smee [1955] 1 Q.B. 78. The offence was permitting the use of a vehicle with defective brakes. The actual user was held strictly liable but the allegation of permitting was held to involve proof of the defendant's state of mind--knowledge or closing the eyes to the obvious. The Divisional Court considered an argument that this conclusion was inconsistent with the earlier case of Browning v. Watson [1953] 1 W.L.R. 1172 in which coach proprietors were convicted of permitting one of their coaches to carry public passengers. That conviction was upheld even though the proprietors did not know that such persons were or were going to be carried. The conviction was upheld because "it is clear that the proprietors should take some precaution" to ensure that no members of the public were carried. The Divisional Court in James v. Smee distinguished that decision saying: "It was the failure of the [proprietors'] responsible officer to take any precautions that constituted the permission." (p. 93)
The failure to take the requisite precautions both constitutes the actus reus and, in practical terms, satisfies the requirement of providing prima facie proof of mens rea.
This is in no way a harsh conclusion. The employer is under a positive duty to take the steps which an employer can reasonably take to detect and prevent breaches. He is not required to do the impossible; but he is not at liberty to omit to take those reasonable steps.
The Magistrates were in error since they clearly did not have proper regard to the duty which rests upon an employer of drivers of vehicles coming within the ambit of the Regulations. But similarly the Divisional Court was wrong to direct the Magistrates to convict without further consideration of the evidence. It is necessary that the court be satisfied that the defendant has committed the actus reus--that he has failed to take reasonable steps to prevent the relevant breach of the Regulations. The position may well be different for the offence charged by reference to the breach on 31 May 1995 from those referred to in the subsequent charges. Evidence as to what was the position as disclosed by the available tachograph records prior to 31 May 1995 will clearly be admissible and relevant.
The case must therefore be remitted to the Magistrates' Court for a retrial. I agree that there should be no order as to costs in the Divisional Court or on appeal to the House.
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text:
Offshore drilling
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Why offshore drilling?
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What's the Oc'tobus ?
The opportunity to discover the wonders of the Tarn and Aude areas while staying overnight in Toulouse. From one city, branch out into Occitanie to discover the stunning towns of Carcassonne, Albi & Cordes-sur-Ciel.
The transport is included for everyone along with a riveting guide on board to share her love for the region and who will set you up for a wonderful day out.
As for the rest, that's entirely up to you to choose!
Step 1 : I choose my package
Step 2 : I choose my destination
Then off we go!
Full rate
Explorers love to be free to enjoy life. Explorer map in hand provided by the Oc'tobus guide, take your time to look around and benefit from our useful and cultural tips.
Even if you decide to go off alone, there are guided commentaries throughout the coach journeys to prepare you for your day out.
Child rate : 15€ (4-11 yr olds)
Reduced rate* : 20€
Full rate
Observers like to have free time but also some guided tours to get to know their destination better. So, your day will be split into a guided tour in the morning and free time in the afternoon! At the end of the guided tour, your guide will give you a map which could be useful for your free time.
Child rate : 30€ (4-11 yr olds)
Reduced rate* : 50€
Full rate
Adventurers enjoy a dynamic day out. In the morning, we will give you the keys to understand the destination thanks to your keen and riveting tour guide. In the afternoon you will set off on a mystery-solving game to test your listening and observation skills… So of course any information that your tour guide gives you before may come in very handy!
Child rate : 30€ (4-11 yr-olds)
Reduced rate* : 65€
Whether you prefer a light lunch or a restaurant meal, our lunchtime is an important break! We have purposefully not organised a meal to give you a free choice of what you'd like to eat. There is plenty of choice in any case to satisfy your appetite.
Reduced rate* : under 26-yr old students, disabled people and jobseekers. Proof is required.
The choice of one destination or even both!
Enchanting Albi
and Cordes-sur-ciel
Christelle is a tour guide for Paysdoc.com. You can usually find her showing people around Toulouse on visits and this summer, you'll be happy to know that she will be with you for some of the guided tours with the Oc'tobus on trips to Albi & Cordes-sur-Ciel.
Christelle is only 22 but this will be her third season with the Oc'tobus already. She is young and enthusiastic so she will transport you back through the history of Albi and Cordes-sur-Ciel in a dynamic way which she loves to share. What she really loves is adding some unusual tales to her tours!
Christelle, how would you describe the Oc'tobus ?
I would say that the Oc'tobus brings something new and fun, that extra breath of fresh air into some extraordinary places. What I really enjoy the most, is showing my region and its specialities off to so many people of different nationalities.
Why would you say that the Oc'tobus is a great way to discover Occitanie?
The Oc'tobus is a way to see some lovely destinations in the south-west of France without the hassle of organising the whole thing. It's a pleasant mix of dialogue and a friendly welcome. Forget waiting in long queues, all the leaflets and the stress of not knowing where to park your car: just go with the flow!
Who does the Oc'tobus cater for?
Everybody really! This year there is something for everyone and we are really proud of what we've come up with for you! If you'd like to look around on your own, that's fine, we'll just meet up at the end of the day for the return journey. If you'd like to learn a little more about a certain monument, just follow me and I'll tell you the history behind it. Do you love playing games? You'll be off on an adventure! What I'm trying to say is that the Occitanie region is glad to welcome you, its arms wide open and we do just the same!
Cordes-sur-Ciel or Albi ?
Do I really have to make the choice? It would break my heart if I had to… they are such completely different places! Albi is the perfect place to go for a wander: with its magnificent historical centre, a beautiful cathedral, an art gallery and plenty of other treasures. Then there's Cordes.. what can I say apart from it being voted France's favourite village in 2014, it just has to be my all-time favourite! Personally, I love spending the day there and enjoy getting lost in the cool streets and I am delighted to show around other curious visitors to do the same!
What I think I like the most about these destinations is seeing people's faces light up when they step into the Cathedral of Sainte Cécile or see a couple following me hand in hand in Cordes-sur-Ciel. I've clearly said all that to avoid giving an answer, which is impossible for me!
A final word you want to add?
If you're reading these words, I'm here waiting to be able to show you around these destinations as I could go on forever about them. So whether you come from around here or from far afield I'd like to invite you to come on board the Oc'tobus to discover Albi and Cordes!


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What comes to mind when you think of a pig or a hog? We typically have a negative reaction to this animal, but did you know the hog has a sense of smell more keen than a deer, has acute hearing and eyesight, and is highly adaptable to almost any climate? Hogs are really smart.
What does that have to do with Christianity? Well, I'm going to try to convince you that if you're a Christian, you should try to live a HOG'S life.
First, the Christian's life should be a life of humility. That's the H in HOGS. Proverbs 22:4 says, "By humility and the fear of the Lord are riches, and honor, and life." 1 Peter 5:5 says we are to "…be clothed with humility: for God resists the proud, and gives grace to the humble."
Jesus humbled himself, stepping down from his eternal position with the Father into a broken world and wrapping himself in human flesh to save sinners like you and me.
Jesus humbled himself unto death. Our lives should be humble lives, not arrogant, prideful, and self-promoting.
Second, the Christian's life should be a life of obedience. That's the letter O. "And being found in fashion as a man, he humbled himself, and became obedient unto death…" says Philippians 2:8. Humility and obedience are connected.
Romans 5:19 tells us that because of his obedience, we have been made righteous. In John 14:23-24, Jesus said, "Anyone who loves me will obey my teaching. …Anyone who does not love me will not obey my teaching." Obedience is a test of our Christianity.
Third, the Christian's life should be a life of generosity. That's the letter G. Proverbs 11:25 says, "A generous person will prosper; whoever refreshes others will be refreshed."
Proverbs 22:9 says, "The generous will themselves be blessed, for they share their food with the poor."
My pastor always says we're blessed to be a blessing. 2 Corinthians 9:11 says "You will be enriched in every way so that you can be generous on every occasion, and through us your generosity will result in thanksgiving to God." 1 Timothy 6:18 says, "Command them to do good, to be rich in good deeds, and to be generous and willing to share."
One of my favorites is 2 Corinthians 9:6. It says, "Remember this: whoever sows sparingly will also reap sparingly, and whoever sows generously will also reap generously." God poured out his Holy Spirit on us generously through Jesus Christ. Our generosity is a mark of our Christian faith.
Finally, the S is for servant. We are Jesus' servants, serving him and serving others. Matthew 20:25-28 says: "But Jesus called them to him and said, "You know that the rulers of the Gentiles lord it over them, and their great ones exercise authority over them. It shall not be so among you. But whoever would be great among you must be your servant, and whoever would be first among you must be your slave, even as the Son of Man came not to be served but to serve, and to give his life as a ransom for many."
Take inventory of your own life – are you a humble, obedient, generous servant, living a contented HOG'S life? If not, how can the quoted verses inspire you to seek God first and follow him in humility, obedience, generosity and servanthood?
See this post via podcast here.


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5 Secrets Buyers and Sellers Must Know About Virtual Home Tours
For years now, virtual home tours have helped real estate buyers far and wide find the perfect home. But because of the pandemic, they have recently experienced a huge spike in popularity. One survey found that nearly 33% of recent home tour requests were for virtual tours, as compared to just 2% pre-pandemic. And it's easy to see why.
Buyers want to quickly find their next safe haven, one that may need to serve as their office, gym, and even classroom for months to come. And sellers want to limit the number of strangers in their home, yet still have the ability to reach enough potential buyers to get the best offer on their property.
Virtual home tours are the popular thing right now, but that doesn't automatically mean they're the only option for your homebuying or selling experience. Read on to learn five important secrets of virtual home tours and how they impact today's home buyers and sellers.
SECRET #1: Virtual Tours Have Evolved
The phrase "virtual tours" has evolved this year as real estate agents have been forced to quickly create innovative ways to show homes while keeping our clients safe and socially-distanced. Here are some terms you should know:
- Virtual Tours: Traditionally, virtual tours are comprised of 360=C2=B0 Photos that allow viewers to see all angles of the interior and exterior of a home. These can also be stitched together to create a 3D Tour, which is a digital model that looks like a dollhouse.
- Virtual Staging: Sometimes agents will also decorate rooms in virtual tours with digital furniture and accents like wallpaper or paint.
- Online Walkthroughs: These are videos of the listing created by the agent or seller holding their camera or smartphone and moving through the home.
- Virtual Showing: A type of live online walkthrough that mimics an in-person tour of the home. These are often one-on-one events using apps like FaceTime or Skype.
- Online Open House: A more freeform style of live online walkthrough, allowing more viewers to pop in and out of a group video call on platforms such as Facebook or Zoom.
SECRET #2: Virtual Doesn't Mean Impersonal
For a purchase as intimate as your next home, details easily seen on virtual tours like a new refrigerator or the size of the master closet aren't the only deciding factors. Luckily, virtual tours are also exceptional tools for personal connection.
Virtual tours allow buyers to easily picture themselves in the space and to get their questions answered by an insider. And sellers can be sure that interested buyers are still getting that up-close and personal look at their home that will inspire their strongest offers.
SECRET #3: Virtual Is Just The First Step To Safe Home Sales
Virtual tours are still the recommended way to safely buy and sell real estate. Buyers don't have to worry about exposure to anyone who previously visited the property, and sellers cut down on the foot traffic in their home.
But some buyers will still need to visit a home themselves in order to feel confident enough to submit an offer. In this situation, listing agents and sellers will work together to come up with a procedure that ensures everyone feels safe and comfortable. They might require interested buyers to present a pre-qualification letter before scheduling an appointment for a tour, for example. And the day of the tour, agents may take safety precautions such as asking buyers to wear protective gear and refrain from touching any surfaces in the home.
SECRET #4: The Speed of Closing Depends on Your Goals
In 2019, buyers viewed an average of 10 homes over a period of 10 weeks before submitting an offer. But thanks to virtual tours, they're able to peek inside that number of homes in a much shorter period. This increased buyer activity is leading to more offers per listing that features a virtual tour.
Buyers wanting to compete for listings may need to cut their search time down to quickly submit an offer. And sellers need to carefully weigh the temptation to entertain more and more offers, which can keep their home on the market up to six percent longer. Your agent can help you decide the right strategy for your priorities.
SECRET #5: Virtual May Not Always Be the Right Choice
Creating, editing, uploading, and marketing virtual tours for a listing can be pricey. Even seemingly inexpensive options like video call walkthroughs still require time and energy on behalf of both the seller and agent.
This means that a full virtual tour package might not always be a good return on investment for sellers. And buyers may notice that some listings within their search parameters don't offer virtual tours, so it's important not to close the door on your dream home just because it doesn't have virtual events and features.
If buying or selling a home is on your mind, we'd be happy to discuss how virtual tours can play a part in your real estate experience. Reach out to us today for help finding local homes for sale that have virtual tours, or to chat about if adding a virtual tour to your upcoming listing is the right fit.


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A number of Samsung's highly-rated microSD EVO memory cards offering 100/90MB/s read and write speeds are being offered with impressive discounts. Take a look at the deals and consider grabbing one of the cards right now before the discount period ends.
Memory cards of this nature are generally the tech-based accessories that pretty much of all us need to have in our lives at one time or another. Obviously, this product is not going to work on a standalone basis so you will need to actually have a requirement for it, but if you own an Android device, a digital camera, or even a 4K-capable drone which flies high above the sky, then these deals could definitely be of interest to you.
In fact, Samsung actually recommends that its EVO memory card range would be the perfect and highly compatible accessory for smartphones, drones, Android tablets, tablet PCs, action cameras, DSLRs, and pretty much any other product that you can think of. If high-performance external storage is what you need, then Samsung has the medicine for you. Take a look at the 128GB and 256GB cards which are on offer below:
- Buy: Samsung 128GB 100MB/s (U3) MicroSD EVO Select Memory Card with Adapter from Amazon: $21.23 | Original price: $25
- Buy: Samsung 256GB 100MB/s (U3) MicroSDXC EVO Select Memory Card with Adapter from Amazon: $47.99 | Original price: $120
Each card is going to offer up to 100MB/s read speeds and up to 90MB/s in write speeds and comes with Class 10 UHS-1 designation. Each card also comes with a full-size adapter to ensure that it offers the maximum possible compatibility with different device types. If you were to opt for the larger 256GB EVO card – which currently offers a 60% discount – then you'd have enough space to store 12 hours of 4K UHD video or a whopping 33 hours of full 1080p high-definition video. Or, if the music is your thing, then you could get up to 22,500 songs on the card, which is approximately 2,050 music albums.
With that type of discount applied it isn't difficult to see and understand why these cards are going to be flying off the shelves. So, with that in mind, make sure that you act promptly to secure your Samsung EVO card and secure the up to 60-percent discount right now.
You may also like to check out:
- Downgrade iOS 12.1.4 To iOS 12.1.1 Beta 3 For Jailbreak [Guide]
- Download iOS 12.1.4 IPSW Links, OTA Update With Critical FaceTime Bug Patch
- Jailbreak iOS 12.1.4 / iOS 12.1.3: Downgrade Now As Brandon Azad Has Released His iOS 12.1.2 Exploit
- Download iOS 12.2 Beta 2 IPSW Links, OTA Update Released To Developers
You can follow us on Twitter, add us to your circle on Google+ or like our Facebook page to keep yourself updated on all the latest from Microsoft, Google, Apple, and the Web.


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Cottabetta Bungalow, Coorg - amã Stays & Trails
Nestled in the Western Ghats, Cottabetta Bungalow is one of the most sought-after vacation homes in Coorg. The heritage bungalow in Coorg dwells in the estate from where come some of the finest Robusta Coffee ripened by the rays of the winter sun. amã Stays & Trails Cottabetta Bungalow, Coorg is conveniently located within touching distance to prominent tourist attractions in and around Coorg. At 221 kms, our villa in Coorg is also the perfect destination for a blissful getaway from Bangalore. Enjoy our warm hospitality and service that make you feel at home. Explore the all meals inclusive 4D Travel offer to plan your next stay.
Visitors get to choose from an array of local delicacies along with North Indian, Jain and Continental dishes. The in-house chef at the Cottabetta Bungalow can prepare a variety of dishes to satiate all kinds of foodies! A common dining area comprising a table for six carved from a single log of rosewood is the main highlight of the bungalow.
- Check-in from 3:00 PM
- Check-out till 12:00 PM
- Breakfast - 0800 - 1030 hrs.
- Lunch - 1230 - 1430 hrs.
- Dinner - 2000 - 2300 hrs.
- Early check-in and late check-out on request
- We accept Master Card, Visa.
- We do not sell alcohol at the property, however you are allowed to carry your own.
- We request you to inform us in advance of your meal preference on the day of your arrival.
- To ensure ease of convenience and faster check in process please send your ID proof in advance on email@example.com
- Pet policy : We allow pets with their owners at the bungalow


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1 Paul, an apostle of Jesus Christ by the commandment of God our Saviour, and Lord Jesus Christ, which is our hope;
2 Unto Timothy, my own son in the faith: Grace, mercy, and peace, from God our Father and Jesus Christ our Lord.
3 As I besought thee to abide still at Ephesus, when I went into Macedonia, that thou mightest charge some that they teach no other doctrine,
4 Neither give heed to fables and endless genealogies, which minister questions, rather than godly edifying which is in faith: so do.
5 Now the end of the commandment is charity out of a pure heart, and of a good conscience, and of faith unfeigned:
6 From which some having swerved have turned aside unto vain jangling;
7 Desiring to be teachers of the law; understanding neither what they say, nor whereof they affirm.
8 But we know that the law is good, if a man use it lawfully;
9 Knowing this, that the law is not made for a righteous man, but for the lawless and disobedient, for the ungodly and for sinners, for unholy and profane, for murderers of fathers and murderers of mothers, for manslayers,
10 For whoremongers, for them that defile themselves with mankind, for menstealers, for liars, for perjured persons, and if there be any other thing that is contrary to sound doctrine;
11 According to the glorious gospel of the blessed God, which was committed to my trust.
12 And I thank Christ Jesus our Lord, who hath enabled me, for that he counted me faithful, putting me into the ministry;
13 Who was before a blasphemer, and a persecutor, and injurious: but I obtained mercy, because I did it ignorantly in unbelief.
14 And the grace of our Lord was exceeding abundant with faith and love which is in Christ Jesus.
15 This is a faithful saying, and worthy of all acceptation, that Christ Jesus came into the world to save sinners; of whom I am chief.
16 Howbeit for this cause I obtained mercy, that in me first Jesus Christ might shew forth all longsuffering, for a pattern to them which should hereafter believe on him to life everlasting.
17 Now unto the King eternal, immortal, invisible, the only wise God, be honour and glory for ever and ever. Amen.
18 This charge I commit unto thee, son Timothy, according to the prophecies which went before on thee, that thou by them mightest war a good warfare;
19 Holding faith, and a good conscience; which some having put away concerning faith have made shipwreck:
20 Of whom is Hymenaeus and Alexander; whom I have delivered unto Satan, that they may learn not to blaspheme.
The design of the epistle appears to be, that Timothy having been left at Ephesus, St. Paul wrote to instruct him in the choice of proper officers in the church, as well as in the exercise of a regular ministry. Also, to caution against the influence of false teachers, who by subtle distinctions and endless disputes, corrupted the purity and simplicity of the gospel. He presses upon him constant regard to the greatest diligence, faithfulness, and zeal. These subjects occupy the first four chapters; the fifth chapter instructs respecting particular classes; in the latter part, controversies and disputes are condemned, the love of money blamed, and the rich exhorted to good works.The apostle salutes Timothy. (1-4) The design of the law as given by Moses. (5-11) Of his own conversion and call to the apostleship. (12-17) The obligation to maintain faith and a good conscience. (18-20)1-4 Jesus Christ is a Christian's hope; all our hopes of eternal life are built upon him; and Christ is in us the hope of glory. The apostle seems to have been the means of Timothy's conversion; who served with him in his ministry, as a dutiful son with a loving father. That which raises questions, is not for edifying; that which gives occasion for doubtful disputes, pulls down the church rather than builds it up. Godliness of heart and life can only be kept up and increased, by the exercise of faith in the truths and promises of God, through Jesus Christ.
5-11 Whatever tends to weaken love to God, or love to the brethren, tends to defeat the end of the commandment. The design of the gospel is answered, when sinners, through repentance towards God and faith in Jesus Christ, are brought to exercise Christian love. And as believers were righteous persons in God's appointed way, the law was not against them. But unless we are made righteous by faith in Christ, really repenting and forsaking sin, we are yet under the curse of the law, even according to the gospel of the blessed God, and are unfit to share the holy happiness of heaven.
12-17 The apostle knew that he would justly have perished, if the Lord had been extreme to mark what was amiss; and also if his grace and mercy had not been abundant to him when dead in sin, working faith and love to Christ in his heart. This is a faithful saying; these are true and faithful words, which may be depended on, That the Son of God came into the world, willingly and purposely to save sinners. No man, with Paul's example before him, can question the love and power of Christ to save him, if he really desires to trust in him as the Son of God, who once died on the cross, and now reigns upon the throne of glory, to save all that come to God through him. Let us then admire and praise the grace of God our Saviour; and ascribe to the Father, Son, and Holy Ghost, three Persons in the unity of the Godhead, the glory of all done in, by, and for us.
18-20 The ministry is a warfare against sin and Satan; carried on under the Lord Jesus, who is the Captain of our salvation. The good hopes others have had of us, should stir us up to duty. And let us be upright in our conduct in all things. The design of the highest censures in the primitive church, was, to prevent further sin, and to reclaim the sinner. May all who are tempted to put away a good conscience, and to abuse the gospel, remember that this is the way to make shipwreck of faith also.
Commentary by Matthew Henry, 1710.
View more commentaries for this chapter:Pulpit Gill's Ellicott


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Resolving 'Work Knots' That Can Sabotage Jobs
Resolving Work Knots that can sabotage teamwork is vital to collaboration and success for enterprises, large and small. Consider these tips to uncover and resolve hidden expectations and assumptions that may be getting in the way of success at your workplace.
Last week, I wrote about typical Work Knots that can sabotage jobs (FatherhoodChannel: Beware of Work Knots that can Sabotage Jobs) within businesses and organizations, large and small. Identifying hidden expectations and assumptions at work is a chance to create an environment in which each person has the best opportunity to contribute and succeed. As with families and marriages, successful teams are built on emotional maturity, responsibility, integrity, and an authentic commitment to shared values and vision.
If any of the seven examples in last week's post were familiar, consider these tips to transform those Work Knots into opportunities for more fruitful collaboration and accomplishment.
TRANSFORMING COMMON MANAGEMENT WORK KNOTS: Untangling Hidden Expectations of Managers and Supervisors that Typically Sabotage Workers and the Workplace
- YOU WOULD KNOW: Managers and co-workers cannot assume others know what needs to be done. It's important to regularly make time to keep each other up-to-date and communicate clear requests asking for what we want and not expecting others to know without being told.
- YOU SHOULD GET TO KNOW: Not everyone is a talker. Each of us has our own rules about how and what we share with others. Perhaps the person is preoccupied. When people are going through personal challenges and transitions, they may not feel safe talking about those issues at work. Maybe the person never learned to talk (or listen). We need to check out perceptions and not assume. Silence shouldn't be interpreted as not caring.
- IT MUST BE YOU WHO'S WRONG: We are all unique and different. Bringing together diverse perspectives, experiences and talents contributes to the success of teams. We can each have a valid point of view. When there are disagreements, discuss them, seek to understand, change them, or accept them. Disagreements at work (or home) are an important opportunity to learn something different and new that can leave us enriched through greater understanding.
- WHEN YOU ARE UNHAPPY: When others are going through a difficult period, we can be supportive without believing we have to provide a solution. We can listen, empathize, and acknowledge what they say, including their ability as adults to be honest and ask for what they want. Persistent complaints without specific requests for change may be a sign of underlying issues such as fear, guilt, anxiety, or other matters that need to be addressed.
- IF I HAVE TO TELL YOU: We cannot expect others to know what we want. We have to be able to ask. Nor can we expect someone else to do anything exactly the way we would. We can still appreciate the contribution others make because they believe it is important and valued.
- I CAN'T NEED YOU: We do not create trust or safety by testing others. We have to be able to make decisions about trust based on our actual experiences with another person, not based on predictions or past history with others. Being right in this case can be a self-fulfilling prophesy. It's important to embrace that while we do work together, we can enjoy the meaning of shared accomplishments and collaboration.
- DON'T DO TOO MUCH: We can enjoy collaborating with others yet still survive without them if we need to. As adults, we are not helpless. We can make adjustments when necessary. Meanwhile, accomplishing ambitious goals as a team is among life's most fulfilling gifts.
Later this week, I'll share typical Work Knots that sabotage collaboration among co-workers. Stay tuned!
Seth Eisenberg is President and CEO of the nonprofit PAIRS Foundation, one of the nation's oldest and leading providers of relationship skills training programs. Learn more at www.pairs.com.
Related Articles:
- Lessons for Visionary Teams
- Inspiring Human Potential
- Daily Temperature Reading
- Work Knots That Sabotage Jobs
- PAIRS Foundation Online


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Few things make me happier than hearing "new MAC products". From the bold colors of the products to the sleek black packaging, it doesn't get much better. So imagine my joy when I was told that MAC has just launched a collection of primers called, appropriately, "Prep+Prime". Color-free and non-textured, these products prepare the lashes, lips, eyes and skin for makeup. (The day I wore these primers out for a test-drive, incidentally, I had several women at my office compliment my makeup and ask what I had done differently. Other than the primers, it was my usual beauty routine, so I guess that's a pretty good endorsement!)
I have purchased more skin primers and bases than I care to even think about, particularly considering the prices I've paid for them. I haven't been truly satisfied with one yet – too watery, too white, too glittery, too purple, too greasy. MAC's Prep + Prime Skin, however, has been the best thus far. Formulated with special-effect silicones, it appears slightly shimmery on the skin, but in a lovely, light-reflective way. It blots away excess oil, evens out skin redness and, in my case, helped my makeup to last through a torrential downpour. At a price of $20.00, you can't go wrong with this one.
The lip primer is a colorless base, slightly creamy but light in texture. It lightly moisturizes your lips (something I personally am always in desperate need of, no matter the season), and smoothes and refines their texture. An interesting thing about this primer is that – used alone – it mattifies your lips, which I liked when going for a completely matte look.
Prep+Prime Eye is a very lightly textured cream base for the eyelids – so light that I wasn't sure I even had any on my finger when I touched it! A little of this goes a long way, and $15.00 gets you a good-sized jar of the stuff. This primer is used to smooth textures and neutralize lid color, and I found that it really helped grab and intensify the color of the shadow. Prep+Prime Eye is currently available in five shades (Light, Medium, Medium Dark, Dark, and Deep Dark).
Prep+Prime Lash is a white coat of "pre-mascara" that dries to a clear base. It smoothes and conditions your lashes, helping mascara goes on smoother and more evenly – and thus preventing those horrible mascara clumps that we all hate so much. Using this primer vastly improved the application of my always-too-wet mascara, and is a real keeper.
MAC cosmetics are available through http://www.maccosmetics.com, MAC stores worldwide, Sephora, and in many department stores – check the website for the location nearest you!