Alberto Page de la Azuela
Cadet of Guardia Civil
Degree on Security Engineering from
the Carlos III University of Madrid
SPECIAL
PUBLIC ROADS OPERATIONS WITH A SPEED LIMIT OF UP TO 50 KM/H. ANALYSIS, REVIEW
AND UPDATE OF THE PROCEDURE
SPECIAL PUBLIC ROADS OPERATIONS WITH A SPEED LIMIT OF UP TO 50 KM/H. ANALYSIS, REVIEW AND UPDATE OF THE PROCEDURE
Summary: 1.- INTRODUCTION. 2.- LEGISLATIVE CONTEXT. 2.1.- Legislative framework providing legal coverage for establishing DOVPs. 2.2.- Legislative framework providing legal coverage for actions of agents DOVPs. 3.- CIVIL GUARD HANDBOOK FOR SPECIAL PUBLIC ROADS OPERATIONS 3.1- Notice 1/2015 Special Public Road Operations. 3.2.- Civil Guard Handbook for Special Public Roads Operations. 4.- ANALYSIS AND COMPARISON OF SPECIAL PUBLIC ROADS OPERATIONS IN OTHER BRANCHES. 4.1- Mossos d'Esquadra. 4.2.- National Police Force. 4.3- French National Gendarmerie. 4.4.- Comparisons with the Civil Guard. 5.- CONCLUSIONS AND POSSIBLE UPDATES IN THE FIELD OF CIVIL GUARD SPECIAL PUBLIC ROAD OPERATIONS. 5.1.- Conclusions. 5.2- Proposals for future updates. 6.- BIBLIOGRAPHY
Resumen: Durante cientos de años, los Dispositivos Operativos en Vías Públicas (DOVP) han sido utilizados con el objetivo de prevenir o reaccionar ante la comisión de infracciones o actos delictivos.
En la actualidad, las Fuerzas y Cuerpos de Seguridad del Estado (FCSE) realizan a diario este tipo de Dispositivos Operativos, por consiguiente, el presente artículo se ha enfocado en el estudio y evaluación de los DOVP del cuerpo de la Guardia Civil en comparación con los de otros cuerpos, con el fin de observar su desarrollo en materia tecnológica y de operatividad, y cómo estos aspectos se relacionan e influyen en la eficacia y la seguridad de los componentes de este.
En último lugar, se han investigado y propuesto diversas actualizaciones con el propósito de mejorarlos en términos tecnológicos y de operatividad, dando como resultado DOVP más eficaces y seguros.
Abstract: For hundreds of years, Roadside Operational Devices (DOVP) have been used with the aim of preventing or reacting to the commission of infractions or criminal acts.
Nowadays, the State Security Forces and Corps (FCSE) carry out this type of Operational Devices on a daily basis, therefore, this final degree thesis has focused on the study and evaluation of the DOVP of the Guardia Civil in comparison with those of other forces, in order to observe their development in terms of technology and operability, and how these aspects relate to and influence the effectiveness and safety of its components.
Finally, various updates have been investigated and proposed with the aim of improving them in terms of technology and operability, resulting in more efficient and safer DOVP.
Palabras clave: Dispositivos Operativos en Vías Públicas, DOVP, Guardia Civil, Seguridad Ciudadana, Orden Público, Dispositivos Operativos, Seguridad Vial.
Key words: Operating devices on public roads, DOVP, Civil Guard, Citizen Security, Public Order, Operating Devices, Road Safety.
GLOSSARY OF ACRONYMS
AA Law Enforcement Officials.
CE Spanish Constitution.
CNP National Police Force.
DEC Static Control Operations.
DOVP Special Public Road Operation.
DP Preventive Operations.
DR Reactive Operations.
FCSE State Law Enforcement Agencies.
GC Civil Guard.
GNF French National Germanderie.
LO Organic Law.
LOSC Organic Law 4/2015 on the Protection of Citizen Security.
MODOVP Handbook for Special Public Road Operations.
ME Mossos d'Esquadra. (Catalan Police Force)
MODOVPGC Civil Guard Handbook for Special Public Roads Operations.
OP Law and Order.
SC Citizen Security.
SV Road Security.
VP Public Roads.
1. INTRODUCTION
Since the creation of the Civil Guard (hereinafter GC) in 1844, it has been entrusted with the main mission of safeguarding the security and protection of people and their property throughout Spanish territory. The function of traffic and transport surveillance was initially entrusted to the Road Patrol Corps in 1845. Later, in 1941, the Armed and Traffic Police were created, but it was until the creation in 1959 of the Traffic Unit of the Civil Guard that the aforementioned security function was really carried out faithfully. (Guardia Civil, s.f.).
Throughout these almost two centuries, Spanish society has undergone profound political, social and technological changes that have forced the GC to gradually adapt its procedures. Especially since the approval of the 1978 Constitution, which has brought with it new fundamental rights for citizens, and the emergence of different ideological currents that the military police force must face in order to develop and fulfil its functions.
At the same time, the technological revolution that has taken place in recent decades forces the GC to integrate innovations in order to be at the forefront in terms of means and equipment. Changes brought about especially in the telecommunications sector or in the new digital tools that have transformed our way of life, and which have to be taken on board in order to maintain the high standards of service quality that essentially define the GC.
Special Public Roads Operations (hereinafter DOVPs) can be defined, as set out in Notice 1/2015 on Special Public Roads Operations, as a "combination of human, technical and material resources, organised and established by the Corps of the General Police on public roads, both urban and interurban, with the main objective of preventing, maintaining or, where appropriate, restoring public tranquillity". (Ministerio del Interior, 2015). DOVPs are a fundamental tool for various operational units, such as the speciality of Traffic and Public Safety (hereinafter SC), being used as stated in Notice 1/2015 with different objectives linked to road safety (hereinafter SV) and SC, both in urban and interurban areas.
In order to visualise what has been described above, the article will analyse different aspects related to DOVPs such as: the legal framework that surrounds and regulates them, the analysis of the notice and the handbook of application to the GC, the comparison with other police forces, and finally, the presentation of different conclusions as proposals for improvement and modernisation in the current area of competence of the GC, both operationally and in terms of equipment in the light of new technologies.
In short, the aim is to examine in depth the DOVPs of the GC on low-speed roads, with the aim of making proposals that will allow the institution to continue offering citizens the same high level of service and quality with which it has been fulfilling its functions for almost two centuries.
In this initial section, the legislative framework of DOVPs in Spain will be fully reflected. For ease of understanding, two policy areas have been distinguished for analysis.
On the one hand, the one that regulates the establishment of DOVPs themselves, which analysed using a deductive methodology, first analysing the Spanish Constitution and the relevant organic laws, and then focusing on more specific provisions such as Notice 1/2015 on DOVPs. The order of analysis to be followed will be: Constitution, Organic Law 2/1986 on Security Forces, Organic Law 4/2015 on the Protection of Citizen Security and Notice 1/2015, which together gave rise to the Civil Guard Handbook for Special Public Roads Operations (hereinafter MODOVPGC).
On the other hand, the legislative framework with regard to the activity and action of the agents making up DOVPs. As it is not possible to apply the deductive method, the hierarchical and chronological criterion will be used in the successive study of regulations such as Organic Law 11/2007 of the Civil Guard, Organic Law 3/2018 on Data Protection or the Instructions on detentions and searches.
Finally, in the event of a clash of legal spheres of application where the same rule affects both, it will be analysed in the field relating to the establishment of DOVPs, as this is of a broader nature.
2.1.- LEGISLATIVE FRAMEWORK PROVIDING LEGAL COVERAGE FOR ESTABLISHING DOVPs
· Spanish Constitution: Article 104 of the Spanish Constitution (hereinafter EC) expressly establishes the functions entrusted to the State Security Forces and Corps (hereinafter FCSE), which include the GC. These functions are to safeguard citizens' rights and freedoms and to ensure security.
Likewise, the precept determines that these institutions are under the hierarchical dependence of the Government and that their different tasks will be developed through an Organic Law (hereinafter LO). In this way, the Constitution clearly defines the powers granted to the FCSE, which are centred on protecting personal and collective security within the constitutional framework, while at the same time establishing their subjection to the Executive and the necessary legal coverage by means of such a regulation. (Congreso de los Diputados, s.f.).
· Organic Law 2/1986 on Security Forces and Corps: regulates various aspects related to the functions of the GC and DOVPs. In its Title I, it establishes basic principles of action for the security forces, such as complying with the legal system or treating detainees correctly. It emphasises the monitoring of principles such as proportionality, timeliness and congruence. It also gives officers the status of authority. Title II includes the GC within the FCSE. It entrusts functions for the protection of citizens' rights and freedoms, as well as SC related to crime prevention, law and order (hereinafter referred to as OP) and crime investigation. In short, the law regulates fundamental aspects of policing in accordance with democratic principles, recognising both the powers of the GC and security powers related to DOVPs. (Jefatura de Estado, 1986).
· Organic Law 4/2015: its main purpose is to give legal effectiveness to certain declarations of the EC and previous legislation, linked to the free exercise of rights and the protection of the SC.
In its Chapter I, entitled Preliminary Provisions, Title I establishes in Article 1 the purpose of safeguarding individual freedoms and rights, while guaranteeing collective order and the protection of persons and property. Article 3 lists among its aims the defence of fundamental rights, the preservation of the OP, respect for the legal system and the prevention of crime. Article 4 subjects police actions to principles such as legality, equality, proportionality and opportunity.
Chapter III confers powers on law enforcement officers (hereinafter referred to as AA) concerning operational arrangements, empowering them to issue orders and prohibitions, to identify persons, restrict traffic, establish controls, carry out checks, conduct body searches and adopt extraordinary security measures in indispensable cases.
Thus, the legal framework underpins and regulates police action in detail, safeguarding the rights of citizens in the context of protecting public security. (Jefatura de Estado, 2015).
· Notice 1/2015: regulates the operational aspects of the operations established by the FCSE on public roads (hereinafter VP) for the purposes of prevention and reaction. To this end, it replaces the previous Notice 1/2008 on this matter. It can be considered the framework document on which the MODOVPGC is based, as it constantly refers to and develops applicable regulations.
In this development, it explicitly mentions laws such as 2/1986 on Security Forces and Organic Law 4/2015 on the Protection of Citizen Security (hereinafter LOSC), as well as Instructions on identifications and detentions. It also alludes implicitly, although without literal citation, to other relevant legislation such as the Data Protection Act, the law regulating GC, the Traffic Act or the CE.
However, the detailed interpretation of articles 16 to 21 of the LOSC stands out, classifying the operations into preventive operations (hereinafter DP) and reactive operations (hereinafter DR) according to the aforementioned legal development.
Based on this systematisation and definition of police competencies, it establishes guidelines, principles and practices that make up the aforementioned handbook, a key body in terms of operations and citizen security. It also refers to the prevention of road accidents. In conclusion, it forms the body of law regulating police action in this area, consistent with the constitutional framework. (Ministerio del Interior, 2015).
2.2.- LEGISLATIVE FRAMEWORK PROVIDING LEGAL COVERAGE FOR ACTIONS OF AGENTS IN DOVPs
· Organic Law 11/2007 regulating the rights and duties of members of the Civil Guard: its main purpose is to systematically compile the rights and duties inherent to the exercise of the police function by members of the Civil Guard, a provision that is of singular relevance for the correct development of DOVPs, given that it establishes precepts such as Article 15, which requires officers to abide by the CE and the legal system as the framework for their actions, in Article 17 which guarantees respect for the physical and moral integrity of all persons, core constitutional principles, in Article 19 which establishes the confidentiality of professional matters, ensuring due confidentiality, and in Article 20 regulating the duty of inter-institutional cooperation in emergencies requiring coordinated action, in such a way that this LO regulates certain rights and obligations which make it possible to ensure that police actions carried out within the framework of the DP and DR are strictly in accordance with the law (Jefatura de Estado, 2007).
· Organic Law 3/2018 on the protection of personal data and guarantee of digital rights: its fundamental purpose is to guarantee the protection of citizens' personal data by establishing a series of safeguards to prevent their improper dissemination and exploitation, which is particularly relevant for the actions of AAs given the characteristics of the information they handle in the performance of their functions relating to DOVPs. Thus, this law is applicable to all police actions under precepts such as Article 8, which regulates the processing of data due to legal obligation, public interest or the exercise of public powers, or Article 27 on the specific processing of data relating to administrative offences and sanctions, in such a way that it establishes the legal guarantees and safeguards required for the management of personal information obtained in the performance of functions relating to the SC. (Jefatura del Estado, 2018).
· Royal Legislative Decree 6/2015 on Traffic, Circulation of Motor Vehicles and Road Safety: its main purpose is the regulation of traffic, the circulation of all vehicles and the SV, granting powers, rules, instructions, definition of infringements and penalties, among others, highlighting the competence granted to the Central Traffic Headquarters for the management, monitoring and reporting of infringements in the VPs, the regulation of alcohol and drug consumption in driving and the establishment of a penalty system with infringements and penalties in traffic and SV. (Ministerio del Interior, 2015).
· Instruction 12/2007 of the State Secretariat for Security on the behaviour required of members of the FCSE to guarantee the rights of persons detained or in police custody: establishes behavioural guidelines for the FCSE in relation to the detention and custody of persons, including guidelines on the timing, duration and rights of the detainee, as well as on the use of force and other aspects of the procedure. The repeal of the identification section of Article 20.2 of the LOSC by Instruction 7/2015 is highlighted (Secretaria de Estado de Segurida, 2007).
· Instruction 7/2015 of the State Secretariat for Security, on the practice of identification, external body searches and procedures with minors: likewise, it establishes a series of guidelines and procedures for the identification of persons, external body searches and procedures with minors, in accordance with the LOSC. It contains guidelines on the register of police premises and procedures with minors, recalling the legislation in force in this regard. In short, this Instruction aims to regulate these police procedures in the light of the case law of the European Court of Justice. (Secretaría de Estado de Seguridad, 2015).
In this first section, an in-depth study of the legal precepts related to DOVPs has been carried out, differentiating between two legislative frameworks. The first one contains the legal precepts providing legal coverage for the establishment of DOVPs in VPs. The second legislative framework compiles the legal precepts that confer authority and competences to the AAs of DOVPs for their action. In short, an exhaustive analysis has been carried out of the existing legislation binding on DOVPs, both for its creation and for police action in them.
3.- CIVIL GUARD HANDBOOK FOR SPECIAL PUBLIC ROADS OPERATIONS
Over time, DOVPs have changed to adapt to the times in which they lived. In order to regulate and assist in the implementation of these, the FCSE has been progressively equipped with the Civil Guard Handbook for Special Public Roads Operations (hereinafter MODOVP).
The purpose of the current section is to analyse the current MODOVPGC in order to understand its contents, objectives and methods. Due to its significant impact on the handbook, a prior review of Notice 1/2015 is required.
3.1-NOTICE 1/2015 SPECIAL PUBLIC ROAD OPERATIONS
Notice 1/2015 on Special Public Road Operations is a fundamental piece of the MODOVPGC, as it covers most of the legal precepts and general principles related to these operations. This notice aims to establish rules to ensure the proper functioning of DOVPs and the SC. It also seeks to standardise the procedures and roles of staff involved in their implementation.
The notice is divided into several key sections:
· Purpose: The main purpose of this notice is to establish rules to arrange DOVPs and principles of minimum risk and maximum effectiveness. Compliance with current regulations is also sought, in particular, this is reflected in articles 16 to 21 of the LOSC. Secondary missions include standardising procedures and distinguishing between possible situations to ensure SC.
· Conditions: It lists the conditions necessary for DOVPs to be protected by the notice. This includes adequate signage, appropriate location, sufficient staff and resources, and respectful and proportional behaviour on the part of officers. DOVPs for construction sites, accidents or situations where authorities order directions in moving vehicles are not included.
· Legal Assumptions foreseen for Establishing DOVPs: It is based on articles 16 to 21 of the LOSC and lists the legal assumptions for the implementation of DOVPs, ordered according to their severity.
· Types of Special Operations: DOVPs are divided into two main categories: DPs and DRs, their classification being determined by the nature and purpose of the operations. DPs are geared towards detection and prevention of violations, while DRs are deployed in response to situations of OP disruption.
DPs need to be appointed on a service order to enjoy full legal guarantees, requiring a specific designation and a close link to the mission and duties of the service in question. This is because, if the above is not fulfilled, it would be an improvised operation depending on the circumstances, i.e., it would be a DR. During the execution of these operations, AAs will be able to request the identification of citizens, verify the ownership and documentation of vehicles, and, if necessary, in situations of failed identification, they will be able to accompany citizens to police stations.
On the other hand, DRs are used in situations of OP disruption and, except in emergencies, should be clearly specified in a service order. The same competent authorities that supervise and order DPs also have the authority to order DRs. The implementation of DRs is aimed at restoring normality and, where feasible, seizing illicit objects and arresting perpetrators; the procedures will vary according to the seriousness of the situation; these types of operations are used in case of supervening situations.
· Instructions: Two DOVPs-related instructions are mentioned that regulate the actions of AAs, such as the identification of persons and use of force in stop and search procedures, among other aspects. (Ministerio del Interior, 2015) (Secretaría de Estado de Seguridad, 2015).
To conclude, Notice 1/2015 is a crucial document that sets out guidelines and procedures for using special operations in VPs, with the aim of ensuring SC and legal compliance. In addition, reference is made to specific instructions regulating the actions of officers in these situations. (Ministerio del Interior, 2015).
3.2.- CIVIL GUARD HANDBOOK FOR SPECIAL PUBLIC ROADS OPERATIONS
The MODOVPGC is a crucial document made available to the members of the GC with the purpose of compiling all available DOVP resources for the fulfilment of their functions of prevention and maintenance of security in VPs. This handbook details good practices, procedures, materials, types of operations and specific situations that will be explored in depth below.
In terms of fundamental objectives, the handbook always takes into account the safety of both the AAs involved and the citizens, both in the fight against crime and in the SA. In addition, it focuses on strict compliance with current and applicable regulations during all operations, emphasising the basic principles of action established in the Organic Law of the Security Forces and Corps.
In relation to the use of firearms, officers are required to follow the basic principles of opportunity, congruence and proportionality, allowing them to use weapons only in situations where their life or that of others is in danger, or when there is a serious threat to the SC, always avoiding causing greater harm than that which is intended to be prevented.
Another important premise is the correct treatment of citizens during stops, including the explanation of the reasons for the operation and the necessary instructions.
In legal terms, the handbook is largely based on the legal precepts set out in the section on the legislative framework of DOVPs in this article, although special mention should be made of the LOSC, as the most relevant law.
Finally, it should be noted that only in cases where identification is not possible by other means, persons may be asked to accompany the officers to police stations, bearing in mind that the duration of these proceedings should be as short as possible, not exceeding 6 hours.
With regard to special operations, two types are distinguished according to the maximum speed of the road at the point where the operation is set up: those in VP of less than 50 km/h and those of more than 50 km/h. Both types can be preventive or reactive.
In relation to staff, it is divided into two sub-sections, on the one hand, general conditions, and on the other hand, training. In the general conditions, it is specified that the operations must be carried out by at least two agents, which can be increased according to the circumstances. Identification and transfer teams, plainclothes patrols with transmissions can also be incorporated, and a briefing should always be carried out beforehand.
Continuous training of personnel is essential, covering topics such as regulations, basic principles of action, specific functions, location of operations and use of communications, among others.
The conditions of implementation of the operations include aspects such as purpose, choice of location, duration, signalling, roles, communications, SV, operational security, recording and information processing. These aspects ensure that the operations are carried out efficiently and safely.
The installation of the operations is divided into three stages: arrival, establishment and retrieval. Each stage requires meticulous planning and specific considerations to ensure the success of the operation.
Operational deployments are composed of AAs, who will be assigned different specific roles, which provide for various individual tasks to be performed. These roles are, the head of operation, vehicle selection manager, protection for the selection manager, search manager, protection for the search manager, blockage means manager, surveillance team and pursuit team. Each plays a key role in the effective functioning of the operation. Table 1 below shows the functions of each agent according to the number of personnel available for implementation of the operation.
Table 1
Composition
and tasks of DOVPs.
|
Number of Officers |
Officer Assignment |
Purposes |
|
Two officers |
First officer |
Service, selection, search and identification manager. |
|
Second officer |
Protection for the first component. |
|
|
Three officers |
First officer |
Head of operation, selection and identification. |
|
Second officer |
Protection with a long weapon. |
|
|
Third officer |
Manager of blockage and search means. |
|
|
Four officers |
First officer |
Head of operation. |
|
Second officer |
Head of vehicle selection. |
|
|
Third officer |
Registration and identification and, if appropriate, blockage means. |
|
|
Fourth officer |
Protection for head of selection and search officers. |
|
|
More than four officers |
Head of operation |
Head of operation. |
Source: Directorate-General of the Civil Guard (s.f.).
With regard to the materials to be used in operations that do not exceed 50 km/h, this includes elements such as signalling, channelling, barring, links, weaponry and complementary elements, all designed to guarantee the safety and efficiency of the operation. Table 2 lists all the materials described by the MODOVPGC. (Dirección General de la Guardia Civil).
Table 2
DOVP
materials.
|
Signage |
Stop GC signal. Signal lights, and if necessary, vehicle bridging or priority lights, yellow flashing strobe lamp and coloured cone torches (Figure 1). |
|
Channelling |
Tetrapods or similar means (Figure 2). |
|
Barring |
Set of locking spikes (Figure 3). |
|
Links |
Vehicle mobile equipment. Mobile equipment if available. |
|
Weaponry |
Equipment. Long weapon when more than two DOVP components. |
|
Complementary elements |
Bullet-proof waistcoats in case of availability and circumstances. Whistle. Reflective waistcoat. |
Source: Directorate-General of the Civil Guard (s.f.).
Source: Preventec (n.d.). Source: SHOKE (2023). Source: DENSL (2023).
The conclusion of this section is that the handbook is based on the notice and includes many similar aspects. Key aspects related to DOVPs have been highlighted, such as the organisation of personnel, implementation conditions, installation and deployments. The MODOVPGC is an essential handbook that provides detailed guidance on the planning, implementation and monitoring of special operations, with a focus on safety and regulatory compliance. This handbook is essential to ensure the success of GC operations in preventing and maintaining security in VPs.
4.- ANALYSIS AND COMPARISON OF SPECIAL PUBLIC ROAD OPERATIONS OF OTHER BODIES
This section focuses on analysing and comparing the DOVP used by various police forces at the regional, national and international levels. The aim is to assess how these operations are developed in different contexts and police forces in comparison with the GC discussed in the previous section. Documents from regional, national and international bodies, such as the Mossos d'Esquadra (Catalan Police Force), the National Police Force and the French National Gendarmerie, will be considered for this comparison.
4.1- MOSSOS D'ESQUADRA
The roots of the Mossos d'Esquadra (hereafter ME) go back to the 18th century, taking its current form in 1983. (GENCAT, 2011)The Mossos d'Esquadra has various competencies including SC, administrative police, judicial police, and traffic control. As for DOVPs related to maximum speeds up to 50 km/h, they are governed by a similar legal framework to the one previously studied, based on the LOSC. (GENCAT, 2011).
The objectives of the ME DOVPs fall into four categories: Level 1 traffic control, LOSC enforcement, preventive measures to increase the sense of security, and reactive SC and crime control operations.
To establish a DOVP, guidelines are followed that include the selection of safe and efficient locations, ensuring the safety of citizens and officers, appropriate signage, balancing efficiency and traffic flow, clear instructions, support from other patrols and the use of materials such as traffic signs, cones, torches, reflective waistcoats, portable communications, report cards and long weapons depending on the nature of the operation.
DOVPs are divided into two types: On the one hand, the police roadblocks, which allow for the identification and search of persons and vehicles, and on the other hand, the static points, where at least one member of the team will be outside the police vehicle in a visible and strategic location. These static points serve a variety of objectives, such as traffic control, public entertainment surveillance and crime prevention. (MOSSOS D´ESQUADRA, 2022).
4.2.- NATIONAL POLICE FORCE
Throughout its history, the National Police Force (hereinafter CNP) has been given different names, until the current police force was established through LO 2/86 of the State Security Forces and Corps. The CNP has competencies in Police Operations, SC, and crime investigation, among other areas. (POLICÍA NACIONAL, s.f.).
In relation to DOVPs, the CNP divides its handbook into several sections, including the purpose, the legal framework, general considerations for the establishment of Static Control Devices (hereinafter DECs), types of controls, other types of controls, procedures for establishing and removing a DEC, and relevant aspects.
The legal framework of CNP’s DOVPs is based on the LO 2/86 of the State Security Forces and Corps and the LOSC. The main objective of DOVPs is the recognition of persons and vehicles for both preventive or deterrent and offensive or reactive purposes.
General considerations for establishing a DEC include principles such as clear instructions, adequate means and signage, safety of persons and officers, surprise factor, and regulation of the use of firearms.
The CNP establishes two types of VPs: interurban roads and urban roads. DOVPs on interurban roads are called DECs, while DOVPs on urban roads include traffic light controls and filters.
In terms of DOVPs on urban roads, traffic light controls are based on the use of a plainclothes team located at red lights, which selects vehicles, and another team located some 200 metres after the lights, whose function is focused on stopping the previously selected vehicles. While filters focus on the detection of persons and vehicles of police interest and are set up at strategic locations.
The procedures for establishing and removing a DEC involve cutting off traffic and removing the means employed. These procedures must follow the safety guidelines set out in the Health and Safety handbook.
In terms of relevant aspects, the importance of acting both preventively and reactively, the possibility of close and distant closures, the prioritisation of safety and effectiveness, and the delimitation of the DOVP into three zones: surveillance and security, search and blockage, and reaction-pursuit.
The handbook also mentions mobile apps that report DOVPs, such as Telegram[1] and Social Drive[2], stressing the need for officers to be aware of these to avoid interference with the surprise factor. In addition, the CNP collaborates and coordinates with the Local Police in several of its operations in urban VPs, as in some urban centres the latter have competence in traffic matters. (ESCUELA NACIONAL DE POLICÍA, 2022).
4.3- FRENCH NATIONAL GENDARMERIE
The French National Gendarmerie (hereafter GNF), founded in 1791, combines military and police functions. Its main branches are the Ministry of Defence and the Ministry of the Interior. The GNF carries out both civilian and military missions, including judicial police, administrative police, relief and rescue, as well as SC, intelligence, and counter-terrorism missions. (Ministère de l'Intérieur et des Outre-mer, s.f.) (RÉPUBLIQUE FRANÇAISE, s.f.).
As for DOVPs, the GNF has a notice that sets out its guidelines. The main missions of DOVPs include the fight against road insecurity and flow control and escorts, with an emphasis on the prevention and observation of criminal behaviour on the road.
The GNF is organised in various distributions, such as Road Platoons, Motorised Platoons, Motorised Brigades and Rapid Intervention Brigades, each with specific missions related to flow control and SV.
Service design aims to quantify effects and ensure efficiency, maximising the use of available resources and staff training. Resources include speed enforcement operations, motorbikes, rapid response vehicles and road safety education tracks.
The command role is divided between the departmental Gendarmerie group commander, the departmental SV squad commander and the platoon or brigade commanders. Each has specific functions related to the design, organisation and training of staff.
The provisions for staff underline the importance of training, exemplary attire and courteous and non-discriminatory behaviour due to the constant contact with citizens.
The circular also includes appendices with examples of DOVP use according to factors such as space-time, threats, lines of action and support to the acting force. Annex II of the notice lists the main services that are usually demanded and performed, such as identifications and speed checks.
4.4.- COMPARISONS WITH THE CIVIL GUARD
This last sub-section is completed by a comprehensive comparison between the MODOVPGC and the previously analysed police documents. This assessment will focus on highlighting obvious differences between the above-mentioned documents discussed in this section and the MODOVPGC, without losing sight of the similarities that may exist, in order to provide a detailed understanding of the main differences between them.
Main differences in the comparison between the ME and GC:
1. Types of DOVPs: The ME document sets out two types of DOVPs with a speed limit of 50 km/h: police roadblocks and static points. In contrast, the MODOVPGC does not provide for any specific type of DOVP for this speed limit.
2. Tasks of the components: The ME document does not assign specific tasks to each component that makes up the DOVP, while the MODOVPGC does assign tasks to each component.
3. Objectives: The ME document specifically states the sanctioning purpose, focusing on helmet and seat belt enforcement, while the MODOVPGC focuses on preventive and reactive purposes without a specific emphasis on sanctions.
4. Assembly and disassembly procedure: The ME document does not detail a specific procedure to be followed for the assembly and disassembly of DOVPs, whereas the MODOVPGC does establish an order for these processes.
Key differences in the comparison between CNP and GC:
1. Types of DOVPs: The CNP handbook sets out two types of DOVPs at a speed limit of 50 km/h: filters and traffic light controls. The MODOVPGC does not establish any specific type of DOVP for this speed limit.
2. Importance of mobile applications: The CNP handbook mentions the importance of mobile applications such as Telegram and Social Drive, which notify citizens about DOVPs. The MODOVPGC does not address the relevance of new technologies in this context.
3. Graphic example: The CNP handbook includes a graphic example of a filter-type DOVP, while the MODOVPGC does not provide any example for DOVPs below 50 km/h.
4. Materials used: The CNP handbook does not describe the materials to be used in DOVPs, focusing more on the structure of the operation. Instead, the MODOVPGC sets out a detailed list of the materials needed for set up.
5. Competence in traffic matters: The CNP does not have the power to deal with traffic matters and needs the support of the Local Police for these functions, while the GC has this power.
6. Stages to set up DOVPs: The CNP handbook establishes two stages to set up DOVPs: assembly and disassembly. In the MODOVPGC, there are three stages: arrival, establishment and retrieval.
Main differences when comparing GNF and GC:
1. Distribution of units: The GNF notice details the distribution of units with DOVP competencies and the figures commanding them, whereas these factors are not addressed in the MODOVPGC.
2. Related materials: The GNF notice lists the materials related to the purpose of the DOVP, while the MODOVPGC lists the materials necessary for setting it up.
3. Main objective: The GNF notice focuses on SV as the main objective, while the MODOVPGC focuses on SC and OP, establishing preventive or reactive DOVPs.
4. Examples of DOVPs: The GNF notice provides examples of different types of DOVPs depending on the specific factors, whereas the MODOVPGC does not provide any examples.
Within the framework of the comparison between the GC and the procedures adopted by other police forces with regard to DOVPs, notable differences have been identified, the most obvious being: the differentiation by ME and NPC of DOVPs into two types according to their purpose, the presentation by NPCs of the importance of the use of mobile applications by citizens in order to avoid DOVPs, and finally, the absence of graphic examples of DOVPs in the MODOVPGC.
5.- CONCLUSIONS AND POSSIBLE UPDATES IN THE FIELD OF CIVIL GUARD SPECIAL PUBLIC ROAD OPERATIONS
In this last section of the article, after exploring the legislative framework of DOVPs in Spain, an in-depth analysis of the MODOVPGC and a comparison with other police forces, the study will be brought to a close.
First, the conclusions reached are presented, taking into account the partial conclusions reached at each stage of the study. Subsequently, possible updates and improvements to the MODOVPGC in various aspects will be proposed based on the findings and benchmarking.
5.1.- CONCLUSIONS
From the above analyses, important conclusions can be drawn that allow us to assess the way in which the GC DOVPs are set up.
From a legal point of view, the current regulations, especially the MODOVPGC, provide a solid basis for the implementation of DOVPs. This therefore suggests that, from a legal point of view, the DOVPs are well supported and do not require immediate updates.
However, with regard to the operational and technological development of DOVPs with a maximum speed of 50 km/h, there is a lack of detail in the MODOVPGC, given that, although it offers a solid guide with its respective graphic examples for operations with speed limits above 50 km/h, it lacks graphic examples and specific guidelines for lower speed DOVPs, which are the focus of this study. This shortcoming is evident when comparing the MODOVPGC with other police forces, such as the ME, CNP and the GNF, which show a greater degree of development and detail in this area.
Therefore, it can be concluded that current DOVPs with speed limit up to 50 km/h of the GC need to be upgraded in operational terms to improve their effectiveness and safety.
5.2- PROPOSALS FOR FUTURE UPDATES
In order to improve the DOVPs for speeds of up to 50 km/h in the GC, several proposals have been made covering the technological and operational upgrading of these operations.
In terms of technology, the proposals are for improvements in materials, applications and modernisation of controls.
The materials suggest the inclusion of elements such as rotating emergency lights to improve night-time visibility of DOVPs and increase safety for both officers and drivers, and the incorporation of LED reflective waistcoats and LED tetrapods or cones to improve the overall visibility of the operation and its officers. It is also proposed that tablets be purchased in bulk and included in the handbook as a technological tool to streamline procedures and promote greater efficiency.
Among materials and applications, Optical Character Recognition devices, also known as OCR, should be highlighted. These devices are already being used by some police forces, such as the Madrid Municipal Police. The proposal would involve the implementation of this system in both vehicles and tablets. This would allow the police vehicle's device or tablet camera to focus on the vehicle approaching the DOVP and, if the vehicle or its owner had any markings, the system would immediately generate an alert to notify the responding officers.
In the area of applications, it is deemed appropriate to include a reference in the MODOVPGC to the functioning of applications such as Waze[3], Social Drive and Telegram, with the aim of raising awareness among agents of their impact on the effectiveness and the surprise factor of DOVPs.
With regard to the modernisation of DOVPs, two proposals are put
forward. The first is the automation of DOVP assembly and disassembly process,
prioritising the safety of agents by preventing them from performing these
tasks manually and on the roadway itself. This could be achieved by equipping the devices involved with small
motors and batteries that allow them a small amount of mobility, as well as a
system for remotely controlling their movement. The second proposal is the
creation of semi-automated DOVPs, through the implementation of programmable
LED panels on GC vehicles or on stands at the start of DOVPs, indicating
specific actions to drivers. In addition to the LED panel, LED lights will be
implemented in the identification and search area. The LED panels will then be
able to direct the parking of the selected vehicle next to the previously
switched on LED light in the identification and search area. These proposals
are intended to improve the safety and effectiveness of operations, as the AAs
would no longer be on the carriageway or road, but in the immediate vicinity of
the road. On the other hand, it is recognised that its implementation could
require significant initial investment and a change in working procedures, as
it would require the creation of a new working ecosystem . An example of what a
typical DOVP in the second modernisation proposal could look like can be seen
in Figure 4.
Source: Created by the author.
In summary, these proposals seek to modernise and improve the GC's DOVPs in both technological and operational terms, with the aim of increasing the efficiency of these operations in VP and the safety of AU and citizens.
On the other hand, several proposals for operational improvements have been identified for DOVP speeds up to 50 km/h in the GC. These proposals focus on the optimisation of procedures and the diversification of DOVPs according to their purpose and the situation on the field.
One of the proposals is to set a maximum time limit for DOVPs to identify individuals, as the impact of mobile applications on the surprise factor of operations is considered to be of great importance. We suggest, for example, a maximum duration of 15 minutes from setting up or 5 minutes from AAs noticing that the DOVP is already advertised on mobile applications.
The following proposal aims to standardise the procedures and instructions for DOVPs throughout the national territory under the jurisdiction of the GC, thereby eliminating current regional differences.
Furthermore, it is proposed to create different types of DOVPs depending on their objective:
· Identification DOVP: for the identification and search of persons and vehicles for the purpose of preventing and responding to unlawful offences.
· Presence DOVP: aimed at increasing subjective security[4] with visible patrol presence in VPs.
· Contingency DOVP: intended to establish perimeters and to delimit areas in cases of serious disturbances of the OP.
· Safety elements DOVP: aimed at verifying the use of safety elements by VP users and the vehicles condition.
In addition, depending on the field situation (caption of Figure 5), we propose to create different graphic DOVP models:
· On two-lane VPs with the same driving direction (Figure 6).
· On two-lane VPs with two different driving directions (Figure 7).
· At roundabouts on two-lane VPs (Figure 8).
· At intersections with stop signs (Figure 9).
· At traffic lights (Figure 10).
These graphic models would include simple visual representations to facilitate agents' understanding and be supported by a symbol caption.
Source: Created by the
author.
Source: Created by the author.
Source: Created by the author.
Source: Created by the author.
Source: Created by the author
Source: Created by the author.
To conclude, I would like to highlight a proposal made by the GC Officers' Academy in its handbook of indications. This proposal involves the implementation of bait operations, which consist of setting up two successive operations, the first of which is smaller and visible, so that users can bypass it, and the second of which is larger and will be targeted at those who have bypassed the first operation (Navarro, 2021).
These proposals seek to improve and upgrade the efficiency and effectiveness of the GC's DOVPs by providing clear guidelines adapted to different situations, while ensuring the safety and lawfulness of these operations on the VPs.
This article has comprehensively analysed the DOVPs for speeds below 50 km/h, covering the legal framework, their implementation and comparison both in the GC and in other regional, national and international bodies, concluding with the proposal of various improvements in technology and operability.
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