Think the issues go beyond compliance. They generally aren’t popular to drive for starters and more fault prone despite modifications, these two of course also being the stars of these two photos which both caused lasting damage I’m told. Hence referb not being viable. Although there’s depot lad on here somewhere who can probably shed more light on it than me.
I was told that 80 did drive strangely due to the warped chassis from the crash, although I can’t say I’ve ever noticed.
The cabs haven’t been updated so there are some issues around comfort and lighting etc, and they never had a lip fitted in the floor under the internal cab door meaning urine from countless weekend revellers has flowed under and soaked into the floor under the driving seat leaving a smell. (The lip was fitted in the Wabtec refurbishments for this very reason)
They also tend to get a lot of door faults and other things going wrong.
Oh and until very recently they were a pain to drive because you had an extra button to press before closing the doors and probably the worst part was without the automated station announcements you had to make a PA at each station.
Not great to drive if you didn't like your picture taken either.
The decision not to refurbish 40 and 83 had nothing to do with the two incidents you mention. It was planned from early on in the refurbishment program that only 86 units would be refurbished - 01 and 02 were always going to be excluded but the other two weren’t determined until late on.
83 did come out of the Kingston Park accident in a rather poor state, worse than the rear unit of the formation (74), but it had a full repair before returning to service so no lasting damage remains to the unit. The warping that appears in some of the accident photos is likely just a trick of the light.
40 and 90 came out of the Airport flooding as bad as each other.
As far as operations go the 4 unrefurbished units have also had a lot of the modifications that the Wabtec units have. The cabs were updated at the same time as the accessibility mods were done, not sure about the water issue, but certainly the 4 units now have the window facing the front passenger seat blanked off as per the Wabtec units. Automated announcements came before the Wabtec refit, around 2010, so the 4 unrefurbished units were fitted with them. The two big differences between those and the Wabtec units were the door tone - one button for the warning tone and another one to actually shut the doors; and the wiring - the Wabtec units were completely rewired.
Both the unrefurbished and Wabtec units retain the button for the old doors closing recording and it can still be played. It’s rare to hear but does occasionally happen.
Most likely the lower reliability of the unrefurbished units is down to two factors - the infrequent usage of them will make them more prone to faults; and the older wiring in them - one does have to wonder just how bad the rest of the fleet would be now if they hadn’t been rewired…
Photography is one of the main things that drivers don’t like about the unrefurbished units, but I don’t believe drivers are able to refuse to take the units preemptively because of photography that may happen. Only grounds for drivers refusing to take them are the same as for any other unit - train defect, not being familiar with the traction or other safety issues.