Comment by elevation
> I have no idea where people got the myth of not needing a licence in emergencies, probably due to not reading the actual rules.
Parent is referring to the “Safety of life and protection of property” rule [0].
[O]: https://www.ecfr.gov/current/title-47/chapter-I/subchapter-D...
> No provision of these rules prevents the use by an amateur station of any means of radiocommunication 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.
This rules applies to:
> the use by an amateur station
Not every billy and bobby with a baofeng are an amateur station.
Luckily, at the beginning of part 97 there are definitions of such words (you have to open the full document, not just this article)
> Amateur station. A station in an amateur radio service consisting of the apparatus necessary for carrying on radiocommunications.
So, for something to be an "amateur station", you need an "apparatus" (some kind of radio transmitter) and it has to be a part of "amateur radio service". That too is defined in the same document:
> Amateur radio services. The amateur service, the amateur-satellite service and the radio amateur civil emergency service.
It's not RACES (that's defined below), not satellite, so let's see what "amateur service is", again, definition in the same document
> Amateur service. A radiocommunication service for the purpose of self-training, intercommunication and technical investigations carried out by amateurs, that is, duly authorized persons interested in radio technique solely with a personal aim and without pecuniary interest.
So, for that rule to apply, you need a device (an apparatus), that has to be used for self-training etc (read above), for noncommercial, personal aim by a licenced ("duly authorized") person. Only then can you break other rules (eg power limits) in situations described in rule 403 you linked above.
Without a licence, a radio is just a radio, eg. a business band radio (like many motorolas are), and nothing in the part 97 (regulating amateur radio) applies to the user of that radio. Only when a licenced ham uses that (or any other radio, or even a homemade transmitter), in a specific way (described above) that "just-a-radio" becomes an amateur station.