(a) Except as provided in the provisions of division (b) below 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 $100.
(b) Any parent, legal guardian or person who has actual responsibility for a child under 18 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 § 355.02 shall be subject to the following penalties:
(1) For a first offense, a fine of not less than $50 nor more than $100 or not more than ten hours of community service, or both;
(2) For a second offense, a fine of not less than $100 nor more than $200 or not more than 20 hours of community service, or both; and
(3) For a third or subsequent offense, a fine of not less than $200 nor more than $500 or not more than 100 hours of community service, or both.
(W. Va. Code 17F-1-8)