A remote pilot and visual observer are conducting a flight over a construction site. The VO steps away to take a phone call, leaving the pilot without a second set of eyes. The aircraft is still within the pilot's direct view. Can the flight continue?
Why →A visual observer is not required for every Part 107 operation. Under § 107.33, a VO may be used to assist the remote PIC but is not mandated unless the pilot cannot maintain VLOS without one. If the remote pilot can directly see and maintain VLOS of the aircraft, the operation may continue without a VO. The VO steps away, the pilot takes sole responsibility, and if VLOS is maintained the flight is legal.
The trap →Requiring the VO to remain on station overstates the VO requirement. Part 107 does not require a VO for standard operations. A VO is a tool, not a mandatory crew position. The below-200-feet option invents an altitude restriction tied to VO availability that does not exist in the regulations.
Field note →Where the VO becomes mandatory in practice: when the operation requires divided attention between camera controls and aircraft position. If you are operating FPV without a waiver, a VO is required. Otherwise, VLOS capability determines VO need.