I was talking to other ham friends recently about this, at least one Wouxun radio used by a lot of hams carries a Part 90 certification, the KG-UV6D. The radio has no hardware restrictions on where it transmits, in other words you do not have to modify it to work anywhere it covers. No removing jumpers or resistors to 'open it up' or even firmware soft jumpers.
I understand there might be some programming software differences between the ones sold to amateurs and the ones sold to commercial users that might attempt to prevent out of band configurations, but I'm not positive this is even true.
http://www.powerwerx.com/wouxun-radios/kg-uv6x-dual-band-vhf-uhf-commercial.html
Frequency Receive Range VHF: 136-174 MHz UHF: 375-512 MHz FM: 76-108 MHz
Frequency Transmit Range VHF: 136-174 MHz UHF: 406-512 MHz
The FCC rules seem to imply that gear only loses its original certification when you physically modify it to use on the ham bands, e.g. retuning V/UHF repeaters or 11m radios for 10/12m is clearly such a case. But if you do not have to open up or hack the radio in any way from the design submitted and approved by the FCC for Part 90, then you are not technically breaking the rules, since as Joey G mentions there is no Part 97 type acceptance other than one FCC rule requiring approval on commercial HF amps that arose from CB users using ham linear amps.
There is language in the rules for Part 90 (see Subpart I, § 90.203) that stipulate who can and who cannot program radios, so it's not an open gate. If you go programming personal radios for use in public service you might violate rules and jeopardize the agency's license. So don't do it without telling whomever is responsible for your radios.
http://www.ecfr.gov/cgi-bin/text-id...text&node=47:5.0.1.1.6&idno=47#47:5.0.1.1.6.4
But I'm not sure the Wouxun Type 90 approved would be truly illegal to use on public service and ham concurrently. It would be against the rules to use it on FRS due to restrictions placed upon those radios and without a Part 95 certificate you couldn't use it for GMRS. And it's highly unlikely the antenna would allow such wide coverage simultaneously. Our conclusion was it's not clear and might be a question worth posing to legal counsel, maybe at ARRL.