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Cross border flights, whose rules apply?

The pilot's location is irrelevant to what rules apply. The controlling law is that in the jurisdiction where the aircraft is.
It's an interesting question, hypothetically speaking. It's sort of similar to the question of whether or not you can fly over a park where drones are forbidden. You can takeoff/land outside the park, cross the park boundary, and overfly the park. You just can't be standing inside the park yourself to fly your drone. The FAA controls the airspace above the park, and the park controls who is allowed to stand inside the park.

It's not exactly the same scenario though, unless we get back into the debate of "where the aircraft is". Is the drone in the park, or in FAA airspace?

But, let's say you're standing in Mexico and choose to fly your drone across the Rio Grande into US territory. The drone will likely be instantly vaporized by missiles fired from Predator/Reaper drones operated by Homeland Security to patrol the border. But you might be perfectly safe standing on the Mexican side of the fence, unless the Federales catch you. Either way, it sounds like a really bad idea. They have geese too, eh.
 
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Usually, there are 2 answers to this:

- Apply the rules of the country you are flying for this flight.
- Also apply the rules of the country where your drone is registered. Use the most restrictive regulations if different from the country you are visiting.
 
I would venture to say that one should assume they are not able to legally fly from across the border at all without permission, so this question about which rules apply really is moot.

Crossing state/province borders, state park boundaries, etc. do not generally cause national security concerns.

Crossing national borders does.
 
It's an interesting question, hypothetically speaking. It's sort of similar to the question of whether or not you can fly over a park where drones are forbidden. You can takeoff/land outside the park, cross the park boundary, and overfly the park. You just can't be standing inside the park yourself to fly your drone. The FAA controls the airspace above the park, and the park controls who is allowed to stand inside the park.

It's not exactly the same scenario though, unless we get back into the debate of "where the aircraft is". Is the drone in the park, or in FAA airspace?

But, let's say you're standing in Mexico and choose to fly your drone across the Rio Grande into US territory. The drone will likely be instantly vaporized by missiles fired from Predator/Reaper drones operated by Homeland Security to patrol the border. But you might be perfectly safe standing on the Mexican side of the fence, unless the Federales catch you. Either way, it sounds like a really bad idea. They have geese too, eh.
This is not true re Federal Parks. Flying a drone over any of the, I think its 38 Federal Parks in Canada is not permitted without a special permit, regardless of where you take off from. Just as flying over the border is also not permitted unless you have the license (flying into CANADA means you need at least a Basic Canadian license for drone above 250 grams, a registered drone, abide by the CARs and are within class G airspace.)
 
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