Section 24111 of the Bipartisan Infrastructure Law (BIL), also known as the Infrastructure Investment and Jobs Act (Ref. 49 U.S.C. 355), requires the establishment of a Motorcyclist Advisory Council (MAC). The National Highway Traffic Safety Administration (NHTSA) has begun implementing that Congressional mandate. The public notice on the formation of the MAC was published in the Federal Register on September 25, 2023. Information on the nomination/application process is included in the notice.
The stated purposes of the MAC include coordinating and advising the Secretary of Transportation, the NHTSA Administrator, and the Federal Highway Administration (FHWA) Administrator on transportation issues of concern to motorcyclists. That includes motorcycle and motorcyclist safety, barrier and road design, construction, maintenance practices, and the architecture and implementation of intelligent transportation system technologies.
The NHTSA solicited nominations for possible members of the MAC, which were due by December 15, 2023. However, no announcement has been made that all the slots are filled, so late nominations may be considered. Public input can be made to the MAC anytime during its two-year term.
The charter of the MAC (49 U.S.C. 355(b)(1)) calls for membership to be 13 members appointed by the Secretary of the Department of Transportation for two-year terms. They will be drawn from candidates with the following backgrounds:
- Five members will be representatives of units of State or local government with highway engineering and safety background, including topics such as motorcycle and motorcyclist safety; highway barrier and roadway design, construction, and maintenance; or intelligent transportation systems such as V2V systems, autonomous vehicles, etc.
- One member will be a motorcyclist who serves as a State or local traffic and safety engineer, design engineer, or other transportation department official.
- One member will be a representative of a national association of State transportation officials.
- One member will be a representative of a national motorcyclist association, such as the American Motorcyclist Association or another group.
- One member will be a representative of a national motorcyclist foundation.
- One member will be a representative of a national motorcycle manufacturing association.
- One member will be a representative of a motorcycle manufacturing company headquartered in the United States, such as Harley-Davidson, Indian Motorcycle, or another brand.
- One member will be an expert in roadway safety data with a background in crash testing and analysis.
- One member will be a member of a national safety organization that represents the traffic safety systems industry.
The members of the MAC do not become federal employees, and the positions are unpaid, except for travel expense reimbursement and per diem. According to the notice, “Members appointed solely for their expertise will serve as special Government employees and relevant ethics laws will apply.” The notice does not explain how that differs from the people appointed as members for their expertise. The MAC will meet approximately twice per federal fiscal year.
