(A) Whoever violates any provision of §§ 74.01 through 74.09, for which no other penalty is provided, shall be fined not more than $100; upon a second conviction within one year thereafter shall be fined not more than $200; and upon a third or subsequent conviction, shall be fined not more than $500.
(W. Va. Code § 17C-10-7)
(B) An operator who violates a provision of § 74.09 shall receive a warning for the first offense. For a second or subsequent offense, the operator shall be punished by a fine of not less than $10 and not greater than $100.
(W. Va. Code § 17C-10A-2)
(C) Notwithstanding the provisions of § 70.99, any parent or legal guardian violating any requirement set forth in § 74.28(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 §74.28(B).
(D) In the case of a first violation of § 74.08(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.
(E) It is an absolute defense to a charge for a violation of § 74.28 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)