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Volunteer firefighters that also hold a ham radio license often mistakenly program their mobile ham radios to operate on emergency responder frequencies that they, as an individual are authorized to use. However, even though the individual is authorized, the use of a non-FCC Part 90 certified radio is not lawful. These public safety officials using non-certified radios instead of their assigned Part 90 radios are subject to fines and penalties from the FCC. There is only one exception to the rule with very narrow and specific requirements that does not apply to normal use and in the event that there is absolutely no other means of communication available and as only a last resort, which applies to any operator.Volunteer firefighters that also hold a ham radio license often mistakenly program their mobile ham radios to operate on emergency responder frequencies that they, as an individual are authorized to use. However, even though the individual is authorized, the use of a non-FCC Part 90 certified radio is not lawful for radio transmission. These public safety officials using non-certified radios instead of their assigned Part 90 radios are subject to fines and penalties from the FCC. There is only one exception to the rule with very narrow and specific requirements that does not apply to normal use and in the event that there is absolutely no other means of communication available and as only a last resort, which applies to any operator. In short, it is legal to listen with ham radio that is not Part 90 certified, however, it is not legal to transmit out of ham radio bands.