I recently read a message from a forum of ATV users regarding radio frequencies for recreational purpose. The business providing various types of radios MURS FRS GMRS and MARINE equipment. The provider was suggesting the use of Marine radio emergency channel for communication in a distress call.
I can easily guess which company, or companies, it is you are talking about. They've been doing this for years. I've run into more than a few people on the trails running radios from one of these companies. Zero licensing, zero understanding, and they generally don't care. Attitude is that if they don't get caught, it's not illegal. Many years ago I sent an inquiry to one of them about the licensing and legality issues, as you can guess, no reply.
Using Marine Channel 16 anywhere but along navigable waterways where the USCG has their radio systems running is going to be hit or miss. You -might- find someone monitoring, but more than likely, not. Relying on that in a true emergency is foolish.
Of course said companies (there's two that come to mind) don't care, and will gladly use the possibility of getting help on Channel 16 in an emergency as a way to sell radios. After all, that's what they are looking for.
Unknowing consumers will eat this stuff up. Some company tells them its "OK", and that's all they need. So much easier to do that than actually put any real thought into it. Try to educate them, and they'll likely turn on you pretty quick.
So, to answer the questions:
My question is the legality of using or abusing this frequency in an emergency on land and not water.
There is a general feeling that in a true emergency, anything goes. Sort of, but there would likely be some questions asked depending on who responded.
The easy answer is "No", it's not legal.
The not to easy answer is "someone would probably get away with it, but they might have some explaining to do". No one would go to jail, probably no fines, might get a talkin' to.
If my life depended on it, sure, I'd do it. But I'm also unlikely to get to that point. I've been riding for 15 years and I've had some emergencies, as in severe injuries. We learned long ago that we were on our own out there, and being able to look after ourselves was key. That means being prepared. We carry a PLB, personal locator beacon, similar to an EPRIB. Luckily, we've never needed it. I'd never rely on channel 16 in an emergency, and definitely not inland.
If someone needed to be rescued and called on a Marine radio for help would there be a penalty for using the radio. Who would ever know what is going on in the desert?
Likely no one would know in the desert, but out in the desert, who is it that they are going to call? The USCG systems cover some inland waterways, but not much else. Unlikely they'd get anything out in the desert, deep in a canyon. The chances of getting someone randomly listening would be slim to none. Even recreational boaters are rarely listening on 16.
I've read these threads on ATV/UTV boards, and they are kind of humorous, kind of scary. The lack of understanding on how radios work is rampant. There's some thinking amongst some users that any distress call is going to be heard, doesn't matter what frequency, where you are, etc.
Often it's riders looking for a cheap communications solution (although these companies are never "cheap") The Channel 16 thing is a disservice to the end users. For a company to suggest that it can be used anywhere to get help is probably verging on negligence. It's definitely false advertising.
I've seen these guys out on the trail a few times. Ran into one guy that was riding a $25,000 machine by the time you added in all the accessories. He was wearing shorts, a t-shirt and flip/flops. No helmet, zero safety gear. He came up on us and was looking for a gas station, we were 20+ miles from the nearest one, and he was running on fumes. We spotted him a few gallons, gave him a map (he had none, but he had a fancy mapping GPS system that he: 1. didn't know how to use, 2. didn't have local charts loaded). We ran into him a few days later, still not prepared, but now had his wife and dog with him. He "assumed" his radio would talk to ours, but it wouldn't, because he didn't have a microphone for it. The system was set up for in-helmet speaker/mics, but he didn't have the helmets….
So, short version is that these guys barely know what end of the radio to talk into and are probably at higher risk of poking their eye out with the antenna than actually know how to get help in an emergency.
But, hey, if it makes them feel secure, that's worth something, I guess.
