GUANGZHOU – A driver failed on Tuesday to win his appeal against an expressway company that he had sued because it had failed to ensure that at least one gas station was operating along the Guangzhou-Shenzhen expressway.

The driver, Zhao Shaohua, who is also a lawyer with Guangdong Chuangji Law Firm, sued the Guangzhou-Shenzhen Expressway Company, which collects tolls on the stretch, in 2010.

On July 21 that year, Zhao discovered while driving on the expressway from Shenzhen to his home in Guangzhou, capital city of Guangdong province, that his car's tank was running short of gas. He soon found that there was no place on the road where he could refill it and then ran out of gas before reaching an exit. He then had to pay a tow truck 290 yuan ($45) to tow him to a nearby service station.

A week later, he sued the Guangzhou-Shenzhen Expressway Company, claiming it had provided defective services and demanding that it reimburse him the towing fee and a 70-yuan toll he had paid.

On Tuesday, the Guangzhou Intermediate People's Court upheld an initial verdict made by the Yuexiu Disctrict Court and rejected Zhao's appeals.

"It's a pity," Zhao said. "But the appeal has forced some companies and authorities to pay attention to the poor services offered on expressways, which usually demand high tolls."

Chinese expressways are required to have at least one gas station for every 50 km to 60 km of road and a rest area for every 15 km to 25 km, according to an expressway regulation that took effect in 1998.

The 122.8-km Guangzhou-Shenzhen Expressway is one of the country's oldest expressways. It opened in 1994 at a cost of 12.2 billion yuan.

The expressway has become one of the most profitable roadways in China, bringing in about 10 million yuan in fees each day, largely because there has been an increase in the number of travelers going to and from Shenzhen and Guangzhou, China Central Television (CCTV) reported.

At the same time, the roadway has been criticized for being congested and for offering services that are of a low quality.

"I had expected that this would be the result when I made my appeal," Zhao said. "But you know that this was aimed at better protecting public interests and at catching the attention of the authorities to get them to improve the service."

Some legislators and political consultation members like Meng Hao, a member of the Guangdong provincial political consultative committee, have shown great support for Zhao's litigation.

"The support from my friends like Meng and the media's coverage of the case has helped me continue my efforts," Zhao said.

Following Zhao's litigation, the Guangzhou-Shenzhen Expressway Company decided in April to set up a refueling station along the route.

Xu Shaole, a representative lawyer of the Guangzhou-Shenzhen Expressway Company, said the toll should not include the fees designed to provide refueling service along the route.

"Drivers should refuel their vehicles before they enter the expressway," Xu said. "The expressway company does not have the right to cut or increase the toll since the toll standard was approved by the price authority."