(A) No all-terrain vehicle may be operated in this municipality:
(1) On any interstate highway except by public safety personnel responding to emergencies;
(2) On any road or highway with a center line or more than two lanes except for the purpose of crossing the road, street or highway, if:
(a) The crossing is made at an angle of approximately 90 degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;
(b) The vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the highway;
(c) The operator yields his or her right-of-way to all oncoming traffic that constitutes an immediate potential hazard; and
(d). Both the headlight and taillight are illuminated when the crossing is made if the vehicle is so equipped.
(3) With more than one passenger unless more passengers are allowed under manufacturers’ recommendations;
(4) With a passenger under the age of 18, unless the operator has at a minimum a level of two intermediate driver’s license or its equivalent or is 18 years of age or older;
(5) Unless riders under the age of 18 are wearing size appropriate protective helmets that meet the current performance specifications established by the American National Standards Institute Standard z 90.1, the United States Department of Transportation Federal Motor Vehicle Safety Standard No. 218, or Snell safety standards for protective headgear for vehicle users;
(6) Any time from sunset to sunrise without an illuminated headlight or lights and taillights;
(7) Without a manufacturer-installed or equivalent spark arrester and a manufacturer-installed or equivalent muffler in proper working order and properly connected to the vehicle’s exhaust system; or
(8) Unless operating in compliance with the provisions of § 72.307 of this subchapter.
(B) An all-terrain vehicle may be operated upon the shoulder, or as far to the right on the pavement as possible when there is not enough shoulder to safely operate, on any road, street, or highway referred to in division (A)(2) above other than an interstate highway for a distance not to exceed ten miles to travel between a residence or lodging and off-road trails, fields, and areas of operation, including stops for food, fuel, supplies, and restrooms, if:
(1) The vehicle is operated at speeds of 25 mph or less; and
(2) The vehicle is operated at any time from sunset to sunrise the all-terrain vehicle must be equipped with headlights and taillights which must be illuminated.
(C) Operation of an all-terrain vehicle in accordance with division (B) above shall not constitute operation of a motor vehicle on a road or highway of this municipality as contemplated by the provisions of § 72.311 of this subchapter.
(D) Notwithstanding any provision of this subchapter to the contrary, the municipality may authorize the operation of all-terrain vehicles on certain specified roads, streets, or highways which are marked with centerline pavement markings, other than interstate highways, to allow participation in parades, exhibitions, and other special events, in emergencies or for specified purposes.
(W. Va. Code § 17F-1-1) Penalty, see § 72.999