That not quite correct. The rules do allow an Amateur the use of "any
means of radio communications at its disposal," which would clearly
include
the use of equipment capable of operating on frequencies outside the
amateur
bands (see last paragraph below).


PART 97--AMATEUR RADIO SERVICE
Subpart E--Providing Emergency Communications
Sec. 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 communications 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.

Sec. 97.405 Station 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 radio
communications at its disposal to assist a station
in distress.

Other rules (97.401 and 97.407) cover emergency operations during a
disaster. Subpart E, Section 2.405, contains additional guidance
concerning
emergency operations.

The operator you describe was more likely cited for having equipment
improperly modified to transmit outside the Amateur Bands, not for
actually
using those out-of-band frequencies in the situation described. I realize
this sounds like a Catch-22 situation, but those are the rules. In this
case, if the operator had used another radio, a radio approved for those
frequencies, there would have been no rule violation.


Dwight Stewart (W5NET)

Read closer. Part 97 is only for ham radio. It is not rules for any other
service. Note it says THESE RULES. That means you STAY in the HAM BANDS.
Anything out ot the ham bands is not covered in THESE RULES.

There are other rules and Parts for the other frequencies. Just as what may
be legal in your state may not be legal in another state. YOu have to
follow the rules of the state you are in and not the rules of your state
when out of your state.