(a) See § 303.99 for general Traffic Code penalty.
(b) (1) Notwithstanding the provisions of § 303.99, any parent or legal guardian violating any requirement set forth in § 373.09(b) shall be fined $10 or be required to perform two hours in community service related to a child injury prevention program which includes injury prevention education or both fined and required to perform such community service. Notwithstanding the provisions of W. Va. Code 8-11-1, no court costs may be assessed to any person violating the requirements of § 373.09(b).
(2) In the case of a first violation of § 373.09(b), the court may waive the fine upon receipt of satisfactory proof that the person has a helmet or within a reasonable time from the date of the violation, purchased or otherwise obtained, a protective bicycle helmet.
(3) It is an absolute defense to a charge for a violation of § 373.09 that a parent or legal guardian is unable to pay for the protective bicycle helmet. Inability to pay may be demonstrated by the filing of a financial affidavit in accordance with the provisions of W. Va. Code 59-2-1(c). Any person who demonstrates inability to pay shall be referred to the Governor’s Highway Safety Program for assistance in obtaining the appropriate helmet or helmets.
(W. Va. Code 17C-11A-7)