Sorry, you are WRONG. Simply put if the ham radio is NOT TYPE ACCEPTED BY THE FCC it is not legal to transmit on. All of my ham radio equipment is TYPE accepted by the fcc. What about the illegal cb radios that can be bought at truck stops that have been modified to use on 28Mhz 10 meters by truckers? They are being caught and those radios are not *Type accepted by the FCC* UPS and other truck lines have received letters from the FCC on this operation. Some of the nationwide truck lines have been FINED by the FCC for their drivers operations on these frequencies. I am a Ham radio operator and PROUD to be one. Read the rules for FCC part 97(Not to be confused with CB Part 95).
Be careful with the terms Type Acceptance, Type Certification, and Type Approval.
Possibly every piece of ham radio equipment you yourself own is Type Accepted, but that does not mean all ham radio equipment must be type accepted or it is not legal to transmit on (by the way, much of mine is NOT type accepted, approved, or certified, for ham use and is still legal). Maybe you should read the regulations on import, marketing and sales, as they apply to ham radio equipment. It is accepted for import sale and commercial marketing. Commercial sales are different from the legality of use by a licensed ham issue. A radio (or external power amplifier) might have to be Accepted for sale, but does NOT require it for use, unlike radios under Part 90 or Part 95.
You still have not answered a basic question, if you home build a 2 meter (or any legal ham band) transmitter do you need to have it type accepted to use it legally? How about converting a Class D CB from 27 MHz to the ham 10 meter or 12 meter bands, does that need to be type accepted to be legal? If so what regulation says it is required, and what section defines the steps?
Or are you saying that hams can not modify equipment or build their own equipment? Because if you truly believe this (no home built or modified equipment without type acceptance / approval / certification) I have to ask if you are familiar with the term appliance operator?
Put quite simply, you are incorrect and have taken a little sliver of real data and applied it incorrectly.
All of your ham equipment is FCC type accepted because it is all imported and mass marketed. This does not mean you can not modify it to your hearts content, violating that type acceptance. It does not mean you can not build your own, with no type acceptance at all. All 100% legal as long as you abide by the spectral purity regulations defined in Part 97. I don’t know how to say it any more clear, ham radio transmitters do NOT require Type Acceptance, Approval, or Certification to be legal to use on ham radio frequencies if you hold the appropriate ham license for that band of operation.
Your statement of “Simply put if the ham radio is NOT TYPE ACCEPTED BY THE FCC it is not legal to transmit on.” is incorrect.
Truck stops have been being busted because they sell radios that are “easily converted to Class D CB use”, and that is in violation of Part 95, the regulations governing Class D CB service. So even if they try to sell it as a Type 97 radio the FCC defines it as a Type 95 radio, and those do require Type Acceptance. Truckers have been being busted because they are using non-type accepted radios on CB frequencies, or they have been operating Type 97 radios on frequencies the truckers do not have authority to use.
By the way, it is 100% legal for a ham to use a non-type accepted CB (such as some of those nifty Export Only radios) on 10 meter frequencies, but it is NOT legal for him to use the radio outside his authorized bands.
You say read the Part 97 and learn the rules…I have. But, since you seem so all knowing in this area, will you please quote for me the section of Part 97 that requires ham equipment to be Type Accepted, Approved, or Certified or they are illegal to
transmit on? Just one little section number please. Of course, you can not do so because part 97 never says that.
Would you like a quote from the FCCs own web site? This page addresses 60 meter equipment / operation and the new allocations specifically, but makes a categorical statement that I think puts the matter to bed (
https://apps.fcc.gov/oetcf/kdb/forms/FTSSearchResultPage.cfm?id=20293&switch=P ). Under the “Answer” portion, it says “Type Approval is obsolete. Type Approval was replaced with Certification. (Reference 47 C.F.R. Sections 2.907 and Sections 2.1031-2.1060)
Part 97 transceivers do not require Certification. (Reference Section 2.1060)”.
Before you respond incorrectly again with how wrong you think I am do yourself a favor, instead of assuming that because your gear is all type accepted that all gear must be type accepted do the research and find the regulation that says ham gear must all be Type Accepted to be used. And answer that simple question about home built transmitters and modified gear, it will open your eyes to your misunderstanding. Reread your statements and my comments, and make sure you are not assuming I am saying something I am not saying.
T!
So as was said you can probable plug a mic in and talk all day, but as a matter of if you're actually talking to anyone, is going to be a completely different story. If you've got an bought a transceiver for the air band and want to talk to them then you're going to need to make sure you have the proper authorization from the Feds for the use of the frequency in the desired manner or you may end up in some hot water. 
