(a) As used in this section:
(1) "Lit tobacco product" means any lighted pipe, cigarette, cigar, or other lighted device or product containing a tobacco-based product manufactured or made for the purpose of smoking.
(2) "Motor vehicle" means a Class A, Class B, Class H, or Class J vehicle as those terms are defined in West Virginia Code 17A-10-1.
(b) No person who is eighteen years of age or older may smoke or possess a lit tobacco product in a motor vehicle if an individual sixteen years of age or less is in the motor vehicle.
(c) Any person who violates this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than twenty-five dollars ($25.00). No court costs or other fees may be assessed for a violation of this section.
(d) Enforcement of this section may only be accomplished as a secondary action when a driver of a vehicle, as defined in this section, has been detained for probable cause of violating another section of this Traffic Code.
(e) Each time a driver of a vehicle is detained for probable cause of violating another provision of this Traffic Code and is cited for the offense created pursuant to this section, it shall be considered a single offense regardless of the number of individuals sixteen years of age or less in the motor vehicle. (WVaC 16-9A-11)