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Legality of Radio Use in an Emergency

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timberfaller

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I've got a quick question (although people will hound me and may it way longer than I need). I am wondering the legality of using a hand held radio without an operators license in a 100% legit emergency. I am a first responder and wildland firefighter. I consider myself quite competent in handheld radio use and also understand what a true emergency would be (no I wouldn't call out for a broken arm, I'm talking massive trauma "golden hour" scenario. So what I have gathered so far on the topic is about as clear as mud. It sounds like some say yes you can use anything at your disposal in that scenario, but I want to know its actually legality. I would like a reference to the FCC or CFR.. I've done everything from search the internet to actually call the FCC. The net says its OK, but the FCC says you need a license, although gave no reference. Obviously if I am going to have to worry about some gestapo fining me in the event an actual emergency I will leave that one pound hunk of plastic waste at the trailhead when I go ten miles in. Someone please give me some final resolution. At this moment I'm leaning towards leaving the darn thing at home, so I hope someone can give me a good answer.

And yes, I would have the frequencies set already for towers I know work well in the area (normally federal and state repeaters I deal with for work).

PS-Please, Please, Please refrain from hounding me about a license. I am not against one, I truly do not have time to drive the six hour round trip and study for the exam. My free time is truly at a premium. What little I have I volunteer for trail work or go hiking. And I looked into the exam already. A good deal of it honestly seemed overkill to operate a handheld, it was good and practical but truly seemed set for someone operating a base station or working towards a repeater. Trust me fellas law enforcement, firefighters and the military wouldn't know hardly anything on that test and we rely on our handhelds to save our lives. It would be nice if they had a simple handheld examine for those only wanting to operate a 5W receiver/transmitter (that's my basic hounding, not to anyone here, more about the FCC).

Thanks!
 

AK9R

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In which radio service would you be operating this handheld radio?

However, that may not matter. The simple answer is that all radio services regulated by the FCC require that you have a license in order to transmit (some radio services, such as CB and FRS are licensed by rule, but it's still a license).
 
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I am aware of 2 and involved in 1 circumstance in which -Illegal- use of a radio was used for true emergency situations.

First was a SAR job I worked,the lost party was keying up on a UHF handheld and local PD/HAM operator heard. It saved them from exposure or worse in the Ozarks...At no point did anyone even have the thought to contact the FCC, or drop in the found parties lap that they should have had,or should get
a license. Was not the time,place or propper when rescue was putting them in a bus to get warm and checked out.

The other,a coworker that doubled as an EMT mentioned a instance where a hunter found a environmental police officer downed behind his truck. Before wide spread cellphone use. He grabbed the the radio,keyed up and(without formality) hollered for whoever could hear his voice. Another unit
heard him,hunter gave the location and the officer was found and treated for having a heart attack.

Again,no one penalized the hunter for unlawful use.Because it was not.

Its all what the case calls for..In my opinion.I truely believe that licensing laws are a grey area...Is it illegal to drive if you have no license?..Yes...Are there cases where a juvenile with no license will drive a friend/family member to the hospital in a life/death situation,Yes..Are they charged with the violation..Very,very rarely..

Often times its the difference between those who wait for someone else to do something and those who take action..
 

SCPD

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Permissible

The examples that FourthHorsemen give are perfect in showing when it is allowed.

Somewhere in FCC reqs, (and it's been posted here on RR before), in a true emergency, anyone is allowed to transmit on any frequency. If I have a heart attack, or have an accident, it's perfectly legal for my wife to call for help on my ham radio, and she don't have a ticket.
 

jhooten

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There is a big difference between picking up a downed officers radio and calling for help for him and pre-planning to violate the law by carrying a radio programmed with frequencies for which you do not have a license or written permission of a licensee to use their system, whether or not the radio is FCC approved for the service in question.

If it is important to you you will make the time to get the license.

Wyandotte,
There has also been posted on this forum a letter from the FCC that clarifies that often quoted Part 97 rule. According to that letter it does not say what you believe it does.
 

N1EN

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I can offer two rules of thumb on the subject of "is it OK ti use a radio/frequency without a proper license".

1. It is always OK to use any means at your disposal to request assistance to protect life in an emergency. But, if you have to ask "is this an emergency"...it probably isn't.

2. If the situation is so dire that it would be worth going to jail to resolve...it's OK (and you almost certainly won't go to jail).
 

jackj

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Hey Jerry, why don't you post the letter from the FCC that, you say, clarifies the often quoted Part 97 rule or post a link to it.
 

timberfaller

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I agree with Jack. That is what I am hoping for. I piled over things to get a clear answer. It is like nailing jello to a tree. I would like something quoted by the FCC or CFR for reference. And thank you Mr. Hooten for doing what I asked not to do. I don't like being hounded about things. If you read my posting you will see that I do fall under a license at work and (in reference to another helpful person) I use VHF (136-174) predominately with State and Federal frequencies. The radio I have is used for work as well. I picked a Baofeng for when I work local fires too, since most local VFDs and EMS units do not use VHF so the P25 BK radios wont work. You literally have two with you. I program those frequencies in (quite legally!!). The problems becomes having a very powerful tool in front of you that you may or may not be able to legally use outside of work. If I am going in to the woods for work you are damn right I take it with me. Suddenly I take the uniform off and I am not sure in an actual emergency should I legally pick it up or take it with me. I want to be a good citizen about it. Even with a license I would be limited on my off-time. From what I have gathered on my off time even licensed I shouldn't be transmitting on my federal and state frequencies that I have banked in my radio. Obviously I would get a lot of slack if it were the dispatch I use for work since they know me. The question arises outside of those boundaries, where I on occasion work as an interagency employee. They won't know me if I come in over the radio. I am sure they would help as best as they could like I would do. But I'd hate for troublesome issues to arise later. The reality is (I'm talking more to you Mr. Hooten) if you know me personally I am a ridiculous stickler for the law. If it truly should not be done I'm not toting around a one pound weight on 10-15 mile trips. I am not planning for breaking the law. Quite the opposite sir, I am finding out the law so I will stay inside of it.

Oh and Horseman, thank you so much for the informative stories. That is quite reassuring! That is the only nagging part of my brain that says to heck with it, take it if you think you might have to. But unfortunately my rule driven part of my brain squashes him on a daily basis!
 

rapidcharger

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Distress calls are exempt from the licensing requirement. (97.405)

But regardless, if you're about to die, grab the radio, any radio, and make your distress call. What you're asking is would you rather potentially get fined from the FCC or instead die. I would advise against the latter. Do whatever it takes to get the help you need.
 

timberfaller

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Thank you Rapid. I believe you answered the question 100 percent. I checked the CFR and that clearly answered it. It really isn't the fine though, I just don't like the idea I am knowingly doing something I should not be doing years (or hopefully never) before I do it. In a moment of haste I know what I will do. I hate premeditating to break a law. I think I am probably in the minority these days (you can probably blame it on the military), but my feeling is without law and order what do we have...

But I drifted off, thank you Charger, your over attention to regulation might match mine and I appreciate the full answer!
 
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Every few months this topic come up in one form or another. It boils down to your personal choice, if you make a distress call it makes no difference if you hold a Ham license or not. The licensee of the radio system may choose to pursue charges against you under whatever local or State statute that may be applicable. They may argue that by pre-programming "their" frequency in your radio without permission would indicate intent to break the law and you would end up before Judge Hardtime. Asserting Part 97 rules which cover Amateur Radio Service only would not be a valid affirmative defense.
 

N4DES

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While it isn't 100% on topic, post #38 in this thread is a response from the FCC that speaks about transmitting in spectrum that the user isn't authorized.

http://forums.radioreference.com/am...-band-transmit-illegal-stupid-question-2.html

In short, the amateur spectrum is not a free-for-all for unlicensed activity, emergency or not. Spend the day and go get your license. I don't think that those of us who did spend the time to study and get the licenses in our busy schedules would agree with your logic or feel any pity.
 

mmckenna

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Timberfaller,

If you are concerned only about emergencies, then you really need a PLB:
Personal Locator Beacons (PLBs) | FCC.gov
It'll work places a hand held two way radio won't, and it'll likely get you help from the appropriate resources a whole lot faster.
Prices are comparable to a good quality hand held radio.
There is no question of legality with using one of these. Also, they have a built in GPS, so they'll send your location to the coordination center without you trying to plot your exact position. There is no programming required, and they'll work everywhere, does matter if there are repeaters or not.

One of the really nice benefits of a PLB is that you set it off and leave it, it does the rest. That frees you up for providing patient care, not playing with the radio.

We ride ATV's in some pretty remote places of Nevada and California. We all carry hand held radios and all the machines have mobile radios. We still carry a PLB for serious emergencies.

If you want to be prepared for a serious emergency, then get the right tool for the job. Don't count on using a hand held radio.
 
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4. Section 90.427(b) of the Rules states that “[e]xcept for frequencies used in accordance with § 90.417, no person shall program into a transmitter frequencies for which the licensee using the transmitter is not authorized.”

Pretty cut and dried. Roll the dice.
 

timberfaller

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Thanks all. I'll probably go with a PLB (good call Kenna, I was just trying to save money since I had the radio). Read a post that answered more of a core concern of mine. Do I want my agency employer frustrated with me. That's more of my concern that I didn't think of at the time. I already have the frequencies legally programmed in (thanks for assuming I don't).

And KS4VT I did not ask for pity. I simply asked not to be hounded. If you found the time great! Good for you! Excellent! That was not what I said... And I would not be using amateur channels anyway. 136-174 is all I use for work purposes. Just wanted to know if there was anything on the books. Which apparently there is (kinda). But I am not going to worry with it. Haven't carried it on off time in 10 years so far, guess I don't need to start now.

Thanks for the replies!
 

KC3ECJ

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Being a firefighter, couldn't you get permission from the organisation you belong to to use their licence?
 

Voyager

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The emergency rule does in fact exist, but there was also a case of a California ham who was convicted of transmitting on a SO administrative (not dispatch) channel who was calling for help for a mountain biker who went over a cliff. It most certainly was a life-or-death emergency, and the caller had no cellphone service in the area he was, so he called for help on that channel. Later, he was prosecuted for transmitting on the SO channel without a license.
 

oskar

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97.403 Safety of life and protection of property. - No provision
of these rules prevents the use by an amateur station of any means of
radio communication at its disposal to provide essential communication
needs in connection with the immediate safety of human life and immediate
protection of property when normal communication systems are not
available.
 

rapidcharger

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I already answered your question but have more to add. I get that you don't want to be hounded about getting a license and I'm not sure if you even want a license or not or just plan to use the amateur radio service for making distress calls.
PS-Please, Please, Please refrain from hounding me about a license. I am not against one, I truly do not have time to drive the six hour round trip and study for the exam. My free time is truly at a premium.)))

None of our time is apparently?

(((What little I have I volunteer for trail work or go hiking.)))
I single-handedly maintain a hiking trail and hike over 900 miles a year plus spend 2 hours a day in the gym, work 40 hours a week working, cook 3 meals a day, clean the house up, waste a lot of time on the Internet and yet I found the time to do it. Are you sure you can't juggle the schedule around some?

(((Trust me fellas law enforcement, firefighters and the military wouldn't know hardly anything on that test and we rely on our handhelds to save our lives. It would be nice if they had a simple handheld examine for those only wanting to operate a 5W receiver/transmitter (that's my basic hounding, not to anyone here, more about the FCC).)))

A lot of law enforcement, fire fighters and veterans don't know anything on the test but manage to spend a little time learning it and taking the test. The test already is pretty basic. It doesn't even take a triple digit IQ to pass it, I assure you.
 
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The emergency rule does in fact exist, but there was also a case of a California ham who was convicted of transmitting on a SO administrative (not dispatch) channel who was calling for help for a mountain biker who went over a cliff. It most certainly was a life-or-death emergency, and the caller had no cellphone service in the area he was, so he called for help on that channel. Later, he was prosecuted for transmitting on the SO channel without a license.

Here's the rule(s), I believe, Voyager is mentioning.

§ 97.403Safety of life and protection of property.
No provision of these rules prevents the use by an amateur station of any means of radiocommunication at its disposal to provide essential communication needs in connection with the immediate safety of human life and immediate protection of property when normal communication systems are not available.

§ 97.405Station in distress.
(a) No provision of these rules prevents the use by an amateur station in distress of any means at its disposal to attract attention, make known its condition and location, and obtain assistance.
(b) No provision of these rules prevents the use by a station, in the exceptional circumstances described in paragraph (a) of this section, of any means of radiocommunications at its disposal to assist a station in distress.

"when normal communication systems are not available."
In many cases such as the California case, it was demonstrated that communications within the service were possible. i.e.: an amateur repeater could have been used vs the out of band service that was contacted.
 
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