(a) Except as provided by the provisions of § 355.02(a)(4) and (5) of this article, 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 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.
(W. Va. Code 17F-1-6)