The unexpired membership card of any member of an automobile association is acceptable as a security deposit for that member as provided under this section. The use of an unexpired membership card as security deposit is subject to the following:

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(1) The membership card may only be used as a security deposit:

(a) For the violation of any motor vehicle law of this state or traffic crime of any city in this state if the security amount in any individual case does not exceed $1,000; and

(b) When authorized under ORS § 810.300, 810.448 or 810.450.

(2) To qualify for use as a security deposit, the membership card must be the card of an automobile association incorporated under the laws of this state that has deposited with and maintains with the State Treasurer the sum of $2,000 in cash or in bonds approved by the State Treasurer.

(3) If a person deposits that person’s membership card as a security deposit and the person fails or neglects to appear in court at the time and place required, the magistrate or other officer before whom the case is brought, upon declaring a forfeiture of the security amount, shall at once notify the association of the forfeiture, and the amount thereof, by mail.

(4) The association, within five days after the receipt of notice, under subsection (2) of this section, shall remit the amount of the security amount so forfeited to the magistrate or other officer. If the association fails or refuses to remit the security amount within that period, the magistrate or other officer having the matter in charge or the district attorney shall notify the State Treasurer, who shall:

(a) Pay the security amount to the officer or magistrate lawfully entitled to receive it;

(b) Deduct that amount from the amount of deposit with the State Treasurer by the association under this section; and

(c) Immediately notify the association and require it to deposit a like sum with the State Treasurer.

(5) If the association fails or neglects for a period of 10 days to comply with the notice of the treasurer under subsection (3) of this section, the membership cards of such association shall not thereafter be accepted as a security deposit while the default continues.

(6) Upon the payment of the security amount under this section by the association, the membership card so deposited shall be immediately returned to the association by the officer who accepted it as a security deposit. [1983 c.338 § 379; 1989 c.634 § 5; 1999 c.1051 § 288]

(Jurisdiction and Procedures)