(1) Germans as defined in Article 116 (1) of the Basic Law shall be required to possess an identity card once they have reached the age of 16 and are subject to the general registration requirement, or if not subject to this requirement, then if they mainly reside in Germany. They must present their identity card at the request of an authority entitled to check identification. Identity card holders may not be required to deposit their identity card or otherwise surrender possession. This shall not apply to authorities entitled to check identification nor in case of withdrawal or confiscation.
(2) The identification requirement shall also apply to persons subject to a special registration requirement under state laws on registration as masters of inland vessels or as seamen. It shall not apply to persons serving a custodial sentence. Persons with a valid passport as defined in Section 1 (2) of the Passport Act may satisfy the identification requirement under subsection 1 first and second sentence also by possessing and presenting their passport.
(3) The responsible identity card authority under Section 7 (1) and (2) may waive the identification requirement for certain persons
1. for whom a guardian has been appointed not only by provisional order, or who are incapable of acting or giving consent and are represented by an authorized representative having a notarially certified power of attorney,
2. who are permanent residents of a hospital, nursing home or similar facility, or
3. who are unable to travel without assistance due to a permanent disability.
(4) Upon application, an identity card shall be issued for
1. persons under age 16, and
2. Germans as defined in Article 116 (1) of the Basic Law who are not subject to the general registration requirement because they have no residence in Germany.