§17H-1-12. Platooning.

(a) General rule. The department shall be the lead state agency on fully autonomous vehicle platooning under this section.

(b) Platoon restrictions. A platoon shall observe the following restrictions:

(1) A maximum of three vehicles shall be in a platoon;

(2) Vehicles in a platoon shall travel only on limited access highways or interstate highways, unless otherwise permitted by the Department or the West Virginia Division of Highways;

(3) The department or the West Virginia Division of Highways, as applicable under subdivision (2) of this subsection, may restrict movement under this section for operational or safety reasons, including, but not limited to, emergency conditions; and

(4) Consistent with applicable federal and state laws, the lead vehicle in a platoon may operate with a driver and non-lead vehicles may operate with an ADS engaged, with or without a driver.

(c) Plan for general platoon operations. A person may operate a platoon on a highway of this state if the person files and reviews a plan for general platoon operations with the department. The department shall review the plan in consultation with the State Police and the Division of Highways, as applicable. If the plan is not rejected by the department within 30 days after receipt of the plan, the person may operate the platoon.

(d) Non-lead vehicles. Non-lead vehicles in a platoon are not subject to violations of this code relating to following too closely.

(e) Visual identifiers required. Each vehicle in a platoon must be marked with a visual identifier. The department, after consultation with the State Police and the Division of Highways shall establish the criteria and placement of the visual identifier.