The first of Queensland's New Generation Rollingstock trains will finally take passengers from Monday - a year-and-a-half after they were supposed to be operational.
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But the move has been slammed by disability advocates as "appalling", because the Australian Human Rights Commission is yet to decide on an application for a temporary exemption for disability access issues.
Ordered under the previous LNP government, the first NGR trains were due to be operational in mid-2016, but after the discovery of significant issues, including problems with braking, air-conditioning, sight lines for drivers and disability access, delivery was halted in March 2017.
Queensland Rail chief executive Nick Easy said the first two NGR trains would start passenger services from Monday, December 11 on the Gold Coast and Airport lines, with a third would be in reserve.
"The first three trains have completed comprehensive testing and they are fit and ready for service," Mr Easy said.
"The NGR trains are essential to meeting demand during the Gold Coast 2018 Commonwealth Games [in April] and our team has worked around the clock to ensure they were ready this year."
But disability access issues, including the toilets being too small for wheelchairs, were yet to be resolved.
Queensland Rail and the Department of Transport and Main Roads have applied to the Australian Human Rights Commission for a temporary exemption to the Disability Discrimination Act and Disability Standards for Accessible Public Transport while the trains were redesigned and upgraded for disability access.
Mr Easy said the redesigned NGR trains were expected to be progressively rolled out onto the south-east Queensland network in 2019, so the trains would be used for passenger services in their existing design in the interim.
The commission was yet to make a decision on the application - and public submissions close mid-January.
Disability advocate Geoff Trappett, from Inclusion Moves, was scathing of the decision to roll-out the NGR trains before the Human Rights Commission finding.
"The disability sector is appalled at the arrogance that Queensland Rail would put a train on the tracks that even by their own legal advice is not compliant," he said.
"The disability sector will certainly use whatever legal avenues it has at its disposal."
However, Mr Easy said QR was committed to rectifying the trains.
"[We] will continue to work closely with the Human Rights Commission and the disability sector throughout this process," he said.
News Corp last month reported QR was warned by its lawyers the government could face a court challenge over discrimination if the trains were used before problems were fixed.
In September, it was revealed the NGR trains would be redesigned to create two fleets - about 35 with two toilets and 40 with no toilets.
This week, there were 21 NGR trains in Queensland, out of the 75 trains in the fleet.
Mr Easy could not yet say how many NGR trains would be in service for the Commonwealth Games.
"The timetable for the Commonwealth Games is still under development, it's an integrated timetable which we are working with Department of Transport and Main Roads, it doesn't only include trains, it includes buses and it includes ferries," he said.
An independent review by German railway operator Deutsche Bahn, completed in August, argued 18 NGR trains were required for the Commonwealth Games timetable.
The Human Rights Commission declined to comment.
