I really wish the FCC would issue a clarification of 97.403 and 97.405 so amateurs and the radio community in general had a better idea of their intentions with these two sections. Way too many people take this as permission to transmit where ever they want during an emergency, including on first responder frequencies. I don't believe this is what was intended when the rules were enacted.
They do, these rule parts trump Part 97...
§ 1.902 Scope.
In case of any conflict between the rules set forth in this subpart and the rules set forth in parts 13, 20, 22, 24, 27, 30, 74, 80, 87, 90, 95, 96, 97, and 101 of title 47, chapter I of the Code of Federal Regulations, the rules in this part shall govern.
§ 1.903 Authorization required.
(a)
General rule. Stations in the Wireless Radio Services must be used and operated only in accordance with the rules applicable to their particular service as set forth in this title and with a valid authorization granted by the Commission under the provisions of this part, except as specified in
paragraph (b) of this section.
(b)
Restrictions. The holding of an authorization does not create any rights beyond the terms, conditions and period specified in the authorization. Authorizations may be granted upon proper application, provided that the Commission finds that the applicant is qualified in regard to citizenship, character, financial, technical and other criteria, and that the public interest, convenience and necessity will be served.
See §§ 301, 308, and 309, 310 of this chapter.