That is just "living with the problem" and encouraging folk to leave the problem not fixed.
I doubt that it is "ticketable", but there is a requirement that breakaway batteries hold the brakes on for some minimum amount of time.
Come to think of it, that must be the ONLY equipment check that the good officers at the Union, CT weigh station have never done for me (-:
I am ONE of the NO ONES that DOES check breakaway batteries regularly and replace them as needed.
It isn't hard; just hook up the trailer, don't plug it into the truck, pull the pin and hear the brakes hum (or not), then try to drag it with the truck, just a foot or so.
This will tell you if it has retained charge for the time it has been parked.
By the time you get out of the truck again to put the pin back in there will be a change in the tone of the hum if the battery is weak.
This isn't a rigorous check and the results take some judgment; if the trailer has been laid up all winter with the battery left in vs only parked for a week after a 6 hour trip.
The standard 7 pin offers more than one source of +12 volts, so it is at least POSSIBLE that some trailers pick up their breakaway battery charge from the AUX line and others pick it up from the (usually black) +12
