https://www.avweb.com/aviation-news...-mid-air-was-not-transmitting-ads-b-out-data/
One problem is that ATC apparently doesn't use it. They might have been monitoring the VFR transponder code data, but didn't ask about ADS-B.
Legally if you have ADS-B Out, you are required to have it operating whenever the engine is running, even if you aren't in a controlled area. And early-on the FAA was going to make pilots responsible for checking it at every flight, although the mechanism for doing that is the clumsy internet-based PAPR reporting. Some systems don't provide a cockpit indication, like the interrogation light on a transponder. So the moral is "Don't depend on ADS-B for separation". It can help but it's not infallible.
One problem is that ATC apparently doesn't use it. They might have been monitoring the VFR transponder code data, but didn't ask about ADS-B.
Legally if you have ADS-B Out, you are required to have it operating whenever the engine is running, even if you aren't in a controlled area. And early-on the FAA was going to make pilots responsible for checking it at every flight, although the mechanism for doing that is the clumsy internet-based PAPR reporting. Some systems don't provide a cockpit indication, like the interrogation light on a transponder. So the moral is "Don't depend on ADS-B for separation". It can help but it's not infallible.