355.05  PRIVATE PROPERTY EXEMPTION.

     Except as provided by the provisions of Section 355.02(a)(3) to (5), and except as provided by the provisions of Section 355.03, the provisions of this article do not apply if the all-terrain vehicle is operated exclusively on lands owned or leased by the vehicle owner or on private lands of others with the owner’s permission.

(WVaC 17F-1-5)

 
355.06  EXEMPTION FOR FARM, COMMERCIAL USE; CURRENT REGULATIONS.

     (a)     Except as provided by the provisions of Section 355.02(a)(4) and (5), nothing in this article may be construed to preclude or limit the use or operation of all-terrain vehicles for lawful nonrecreational commercial purposes, including, but not limited to, farm use, oil and gas operations, timbering, surveying and public utilities access.

 

     (b)     Nothing in this article may be construed to supersede or contravene the provisions of any agreement between the State of West Virginia and any private or governmental entity entered into prior to the effective date of this article, or any lawfully promulgated legislative rule, including any emergency legislative rule, regulating the operation of all-terrain vehicles.

(WVaC 17F-1-6)

 
355.07  APPLICABILITY OF RULES OF OPERATION.

     (a)     Every person operating an all-terrain vehicle upon a public road or highway of this Municipality shall be subject to all of the duties applicable to the driver of a vehicle by the provisions of West Virginia Code Chapter 17C and this Traffic Code except where inconsistent with the provisions of this article and except as to those provisions of West Virginia Code Chapter 17C and this Traffic Code which by their nature can have no application.

 

     (b)     Notwithstanding the provisions of subsection (a) of this section, a motor vehicle operator’s license is not required of an operator of an all-terrain vehicle when he or she is operating said vehicle in conformity with the provisions of Section 355.02(a)(2) or (b) except when the operator is under the age of eighteen and is transporting a passenger under the age of eighteen.

(WVaC 17F-1-7)

 
355.99  PENALTY.

     (a)     Except as provided in the provisions of subsection (b) of this section and in addition to any other legal remedy for violation of civil or criminal provisions of this Code, any person who violates the provisions of this article or who owns or has control over an all-terrain vehicle and knowingly permits it to be used in violation of the provisions of this article shall be fined not more than one hundred dollars ($100.00).

 

     (b)     Any parent, legal guardian or person who has actual responsibility for a child under eighteen years of age who knows or should have known the child is operating or is a passenger on an all-terrain vehicle without a helmet as required by the provisions of Section 355.02 shall be subject to the following penalties:

          (1)     For a first offense, a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00) or not more than ten hours of community service, or both;

          (2)     For a second offense, a fine of not less than one hundred dollars ($100.00) nor more than two hundred dollars ($200.00) or not more than twenty hours of community service, or both;

          (3)     For a third or subsequent offense, a fine of not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00) or not more than one hundred hours of community service, or both.

               (WVaC 17F-1-8)