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If I'm reading the FCC certification correctly, the UV-5R is Part 90 approved and has been since 2012. I'm basing this on the FCC OET's Equipment Authorization Search website, grantee ID ZP5. Of course, Part 90 isn't Part 95. Since the GMRS-V1 is so cheap I don't know why folks don't just get that and avoid the worry.

Is it legal? NO. Has anyone ever been prosecuted? Probably not. My own thought is use of a non certified radio on GMRS is probably not a primary offense. That is, the FCC is extremely unlikely to come after you for this reason alone. In fact, if the radio is operating properly there’s is no way anyone could tell it was not certified just by monitoring it. However, if the FCC had other reasons to go after you, like spurious transmissions, too much power, being a nuisance or other observable violations. Then, they would probably add a charge for use of a non-certified radio to whatever else they were pursuing. That is 100% my personal view and does not reflect this site or, possibly, even my view tomorrow.

Soladaddy, I understand the MXT400, 115 and 105 are narrow band. Cateyetech, I really like this radio. Performs outstanding. I installed this under my Cobra 29LX in my P71 Interceptor with custom fabricated brackets........(I have to take a pic and post it here). It'seasy to use (if I can do it anybody can).........I run it on low power except for a couple channels that are active I run it on medium power. The first antenna I used it with was the Midland MXT11A, a 6DB gain antenna. I mounted it on a NMO mount on the trunk lid (hole was already there) Gave great performance. I then ordered the DPD Productions GMRS double 5/8 wave 5.5DB gain in black....(Commsprepper highly recommended the DPD). So far it seems the radio receives a little better with the Midland antenna. I'm still testing on which antenna gives the best performance. The only and I mean only little fuss I have with the 400 is I would like the ability to change the screen color. I would very much recommend the MXT400. I have the MXT100 as a backup radio.