§ 355.05 PRIVATE PROPERTY EXEMPTION.
   Except as provided by the provisions of § 355.02(a)(3) to (5) of this article, and except as provided by the provisions of § 355.03 of this article, 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.
(W. Va. Code 17F-1-5)